North Carolina Drunk Driving Law

Here are highlights from North Carolina law on driving while under the influence (NCGS section 20-138.1). Click on the links for further explanation of the legal terms associated with drunk driving in North Carolina.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .00

Enhanced Penalty BAC Level: .16

Implied Consent Law: Yes

License Suspension 1st Offense: 60 days

License Suspension 2nd Offense: 60 days

License Suspension 3rd Offense: 90 days

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: After 4th offense

Hardship License while license suspended: After 10 days

Open Container Law: For driver and passenger

These are highlights of the main provisions of North Carolina law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in North Carolina, contact an attorney in your area to determine you rights and responsibilities.

Source: NCGS section 20-138.1