Driving While Impaired

In 1983, the North Carolina General Assembly enacted the Safe Roads Act. This act repealed all previous laws on drunk driving in North Carolina and replaced them with a single offense of "Driving While Impaired - DWI."
If an officer charges you with driving while impaired (DWI), you will be asked to take a chemical test of your breath or blood. Refusal to perform any required test will result in the immediate revocation of your driver license for at least 30 days and an additional, minimum 12-month revocation by the DMV. In certain instances, after six months of the willful refusal revocation has elapsed, the judge may issue a limited driving privilege.

If your intoxication test shows an alcohol concentration of 0.08 percent or more (0.04 or more, if you are driving a commercial motor vehicle), your driving privilege will be revoked immediately for a minimum of 30 days. Additionally, the results of your chemical test or the fact that you refused to take the test will be admissible as evidence in court.

Driving while impaired can be proven in one of two (2) ways:

1. By proving the driver's physical or mental fitness are appreciably impaired by alcohol, drugs or a combination of both.

2. By proving the driver's blood/ alcohol concentration is 0.08 percent or more.

DWI Laws:

· allow enforcement agencies to set up road blocks to check for impaired drivers;

· prohibit drivers from consuming any alcoholic beverage, including beer, while driving;

· prohibit the transport of an open container of any alcoholic beverage if the driver is consuming alcohol or if alcohol is in the driver's body;

· prohibit the possession of alcoholic beverages (open or closed) in the passenger area of a commercial motor vehicle while upon any highway, street or public vehicular area;

· provide for different levels of severity of punishment based on the severity of the offense;

· require persons who are convicted of DWI for the second time to serve a jail sentence;

· attempt to punish DWI offenders, but also try to help them deal with problems they may have with alcohol;

· require that repeat DWI offenders or persons with high blood/alcohol contents (BACs) be checked to see if they might have an alcohol problem;

· require persons with lower BACs to attend alcohol safety schools; and

· require anyone convicted of DWI to obtain a substance abuse assessment prior to the reinstatement of driving privileges.

If You Are Convicted of DWI:
First Conviction:

· Mandatory revocation of your driver license for a period of one year.

· Minimum Punishment - Fine up to $100 and not less than 24 hours imprisonment; 24 hours of community service; 30 days without a limited driving privilege or any combination of these.

· Maximum Punishment - Fine up to $2,000 and not less than 14 days or more than 24 months imprisonment.

Second Conviction

· Mandatory driver license revocation for a period of four years if convicted within three years of first offense.

· Minimum Punishment - Fine up to $1,000 and not less than seven days or more than 12 months imprisonment.

· Maximum Punishment - (same as for first conviction) A limited driving privilege will not be issued if the second offense occurs within seven years of the first conviction.

Third Conviction

· Mandatory, permanent driver license revocation if at least one of the prior convictions occurred within past five years.

· Minimum/Maximum Punishment - Fine up to $2,000 and not less than 14 days or more than 24 months imprisonment.

Fourth Conviction

· Mandatory permanent driver license revocation. The fourth conviction is considered a felony if the three prior DWI convictions occurred within the past seven years.

· Minimum Punishment - One year imprisonment.

· Maximum Punishment - Three years imprisonment and a fine.

Alcohol Concentration Restrictions:
Effective July 1, 2000, an alcohol concentration restriction will be required when a license is restored following a suspension for DWI or when a Limited Driving Privilege is issued following a DWI conviction.
On the first restoration, the alcohol concentration restriction will be 0.04. On a second or subsequent restoration, the alcohol concentration restriction will be 0.00. Additionally, if you are convicted of Driving While Impaired in a commercial motor vehicle, driving after consuming alcohol or drugs while under the age of 21 or felony death by vehicle the alcohol concentration restriction will be 0.00.
Furthermore, a conviction of Driving While Impaired with a Blood Alcohol Concentration of 0.16 or more, or another conviction within the past seven years, will require an ignition interlock device to be installed on the vehicle.

If you are convicted of DWI while your license is revoked for an earlier DWI conviction, the court may order your vehicle seized and sold.

Sheffron Law Firm, P.A.

828-698-9889

Information obtained from the NC Magistrates Association