Second Offense DWI in North Carolina

Operating a personal vehicle with a blood alcohol level of 0.08% or higher, 0.04% or greater for commercial vehicles, or while under the influence of a substance that impairs the driver can result in a driving while impaired (DWI) charge in North Carolina (G.S. § 20-138.1).

A DWI in North Carolina carries more severe penalties if an individual is apprehended for the same offense twice within seven years. Such measures aim to deter individuals from reoffending.

Is a 2nd DWI a Felony in North Carolina?

In North Carolina, a second DWI is generally classified as a misdemeanor. However, under certain circumstances, it can be escalated to a felony.

A DWI may be designated as an aggravated misdemeanor if any of the following conditions apply: the offender has prior convictions, exhibits a high blood alcohol content, has a minor passenger at the time of the offense, engages in reckless driving, or operates a vehicle with a revoked license.

Meanwhile, a DWI can be elevated to a felony charge under these circumstances:

• The incident leads to death or significant injury.
• The driver exhibits a pattern of impaired driving, such as receiving four convictions within a decade (classified as a Class F felony).
• The driver has a previous felony conviction for the operation of a vehicle.

What is the Lookback Period for a Second DWI in North Carolina?

In North Carolina, the lookback period for a second DWI is seven years. If an individual is convicted of DWI on two occasions within this seven-year window, the subsequent offense will be categorized as a second DWI, resulting in more severe penalties.

What are Aggravating Factors in a Second DWI?

When aggravating elements exist, a second DWI carries more stringent penalties. Ultimately, the gravity of the penalties rests with the judge, who evaluates the aggravating factors against any mitigating circumstances to decide on the fitting sentence. The final sentence may involve incarceration (in cases of habitual offenses) or a considerable fine when the offense did not result in harm or damage.

According to G.S. 20-179, the following are aggravating factors in a second DWI case in North Carolina:

• Refusal to submit to a chemical test
• Blood alcohol concentration of 0.15% or higher
• Prior conviction
• Accident causing significant damage or fatalities
• Reckless or negligent driving
• Having a minor passenger or a person with disabilities inside the vehicle
• Conviction under G.S. 20-141.5 for speeding while attempting to evade law enforcement.

What Happens If You Get a 2nd DWI in North Carolina

A second DWI within three years in North Carolina can result in several severe consequences, including:

• Fines that vary between $200 and $4,000, determined by the misdemeanor level
• Sentencing that ranges from one day to a maximum of two years
• A four-year suspension of the offender's driver's license

Other penalties may include community service, a temporary driving ban, and the requirement to install an ignition interlock device.

How Long Does a Second DWI Stay On Your Record in North Carolina?

In North Carolina, DWI convictions are not eligible for expungement. Once a DWI is on a person's record, it remains permanent, leaving no opportunity for relief from its repercussions.

Holders of a DWI record may encounter several difficulties, such as heightened insurance rates; obstacles in obtaining jobs, licenses, or housing; and potential social ostracization.

How Much Does a Second DWI Cost in North Carolina

The total cost for a second DWI in North Carolina is influenced by varying factors, including the severity of the offense (North Carolina categorizes misdemeanor DWI violations into six levels, with Level 5 being the least severe), fines, court costs, legal fees, and any applicable administrative charges.

Factors such as potential jail time, license suspension, or the need for an ignition interlock device can also impact the overall expenses. The basic fees, encompassing mostly fines and court costs, are detailed below:

• Aggravated Level 1: Up to $10,000
• Level 1: Fines up to $4,000
• Level 2: Fines up to $2,000
• Level 3: Fines up to $1,000
• Level 4: A $500 fine
• Level 5: Fines up to $200

In addition, extra expenses may arise if the individual is required to undergo a substance abuse assessment and educational treatment as per G.S. 20-17.6.

Repeat offenders, as well as those who drove while impaired with a minor or a person with a disability in the vehicle, or caused significant damage, typically fall under Levels A1, 1, or 2.

Chances of Going to Jail for a Second DWI in North Carolina

Individuals facing a second DWI charge in North Carolina may be subject to the following incarceration periods:

Driver's License Suspension for a Second DWI in North Carolina

The duration of a driver's license suspension varies based on the specific DWI offense committed, ranging from 6 months to 4 years in the case of repeat offenders. The suspension periods and corresponding crimes are outlined in G.S. § 20-19.

According to G.S. § 20-179.3, individuals may apply for a limited driving privilege, which permits driving for essential activities, such as seeking emergency medical care, attending religious services, or commuting to work. The eligibility requirements for this permit are detailed in G.S. § 20-179.3

Ignition Interlock Device Requirement

Under G.S. § 20-17.8, individuals whose driver's licenses are restored following a gross misdemeanor second DWI offense must install an ignition interlock device. The duration of the IID device is based on the original revocation period: one year if the revocation was for one year, three years if it was for four years, and seven years for permanent revocation.

An IID device is fitted in a vehicle, and the driver must blow into it to check their blood alcohol content before starting the car. If the driver's alcohol level exceeds the preset limit, the vehicle will not start. The driver is responsible for the installation costs, but those with financial difficulties may apply for a waiver to cover the expense.

DWI School and Substance Abuse Treatment

In North Carolina, all individuals convicted of a DWI are required to undergo a substance use assessment to reinstate their suspended license or as part of the penalties associated with their offense (G.S. § 122C-142.1). The completion of an education or treatment program is necessary, depending on the defendant's blood alcohol concentration at the time of arrest.

If an individual is required to attend classes, they will need to participate in an educational program offered by the state, known as Alcohol and Drug Education Traffic School (ADETS). This program consists of a 16-hour course aimed mainly at first-time offenders and individuals without a recognized substance abuse disorder. Additionally, treatment becomes mandatory if the offender's breath test result was above 0.14% or if they failed the test.

Probation Conditions

Individuals convicted of a DWI in North Carolina may face probation conditions under G.S. § 15A-1343, which may include:

• Satellite-based monitoring
• Alcohol abstinence and ongoing monitoring if dependency is detected
• House arrest with electronic monitoring
• Six days per month confinement at a local center for three months during the probation period
• Reporting to the court or probation officer as directed, allowing visits, responding to inquiries, and notifying the court or officer of any address or employment changes
• Carrying out community service and paying the supervision fee

These conditions aim to encourage law-abiding behavior and encourage rehabilitation for DWI offenders.

Community Service Requirements

An individual may be allowed to participate in community service rather than fulfilling a jail term for a second DWI offense. This option, however, is available only for second DWI offenses classified as levels three to five. The community service requirement may range from 24 to 240 hours or more, based on the specific offense level. Upon completing community service, the defendant may be exempt from fulfilling their original sentence. Volunteer activities may involve providing assistance at schools or working with non-profit organizations.

Impact on Auto Insurance

Committing a second DWI offense in North Carolina carries a significant financial burden, including considerable insurance costs. Usually, the driver is designated as a high-risk policyholder and may endure higher premiums or lose coverage altogether.

However, there is a silver lining: if the driver maintains a clean record over the next three years, they may no longer be deemed high risk, allowing for potential reassessment and the reduction of their insurance rates to standard levels. Following a driver's DWI conviction, their insurance provider may be obligated to furnish a DL-123 form to the DMV to demonstrate financial responsibility.

Which Courts Handle DWI Cases in North Carolina?

DWI cases are adjudicated by the district courts in North Carolina and can be appealed to the superior courts. Both district and superior courts function as trial courts within the state and are present in each county to hear DWI cases within their jurisdictions.

Key courts that address DWI matters have their addresses at the following locations:

Brunswick County Courthouse
310 Government Center Drive Northeast
Bolivia, NC 28422
Phone: (910) 253-3900

Buncombe County Courthouse
60 Court Plaza
Asheville, NC 28801
Phone: (828) 259-3400

Mecklenburg County Courthouse
832 East Fourth Street
Charlotte, NC 28202
Phone: (704) 686-0400

Robeson County Courthouse
500 North Elm Street
Room 101
Lumberton, NC 28359
Phone: (910) 671-3000

Union County Judicial Center
400 North Main Street
Monroe, NC 28112
Phone: (704) 698-3100

These courts are also DWI treatment courts.

On the other hand, the North Carolina Division of Motor Vehicles (NCDMV) oversees the suspension and revocation of driver's licenses, along with various administrative tasks associated with DWI offenses. The primary responsibilities of this division include:

• Administrative hearings
• Pre-trial driving limitations
• License restoration
• Maintaining driving records, including DUI convictions

Individuals can stop by the NCDMV's headquarters during standard business hours at:

NC DMV Headquarters
1417 North Church Street
Rocky Mount, NC 27804

Or, send mail to:

NC DMV Commissioner's Office
3101 Mail Service Center
Raleigh, NC 27699-3101

Members of the public can also use the search tool provided by the NCDMV to find the DMV offices nearest to them.

Can You Get a DWI on a Horse in North Carolina?

No. According to G.S. § 20-138.1(e), a DWI can only be charged when operating a motor vehicle. The legal definition of "vehicle" does not encompass a horse. In straightforward terms, riding a horse while impaired does not result in a DWI charge in North Carolina. Notwithstanding, by other applications of law, one may be charged with other offenses.