What Happens When You Get a DUI in North Carolina?

A first-time DUI offense in North Carolina may carry a $500 fine and 48 hours in jail. If you’re charged with a DUI, call a lawyer immediately.

The penalties for a DUI in North Carolina are severe, with a complicated sentencing structure. So it’s essential you call a lawyer as soon as they have charged you with a drunk driving offense. A DUI lawyer can help you weigh your options, explore mitigating circumstances, and make sure you know what’s happening at all times.

We can connect you with a North Carolina DUI attorney.

North Carolina is an “implied consent” state. This means when you get behind the wheel of a vehicle in North Carolina, you automatically consent to have your blood alcohol level tested if the traffic officer suspects you may be driving under the influence. 

How Are Intoxication Levels Determined in North Carolina?

North Carolina is a zero-tolerance state if you’re intoxicated and under the age of 21. This means that if you are under the age of 21 and are arrested for drunk driving, the evidence of alcohol intoxication ‌is enough for a conviction. 

If you are 21 or older, they can arrest you for a DUI if your blood alcohol level is higher than .08%.

If you are driving a commercial vehicle, your blood alcohol level mustn’t exceed .04% alcohol. 

Sentencing Levels for a DUI in North Carolina

North Carolina has six DUI sentencing levels:

• Level Aggravated 1 sentence results in 12 to 36 months of jail time and a fine up to $10,000. 

• Level 1 sentence requires a jail time of 30 days to 24 months and a fine up to $4,000.

• Level 2 sentence leads to seven days to 12 months of jail time and a fine up to $2,000.

• Level 3 sentence implies a minimum jail sentence of 72 hours (replaceable with community service) and a fine up to $500.

• Level 4 sentence comes with a minimum jail sentence of 48 hours (replaceable with community service) and a fine up to $500.

• Level 5 sentence leads to a minimum jail time or 48 hours (replaceable with community service) and a fine up to $200. 

When deciding your sentence, the judge will consider several factors: grossly aggravating factors, aggravating factors, mitigating factors, your age, and more. 

Grossly aggravating factors include:

• Prior DUIs within the last seven years
• A DUI conviction while under suspicion for a different DUI
• Serious injury caused to another person because of your DUI
• A DUI committed with a minor in the vehicle

One grossly aggravating factor makes your DUI a Level 2 offense while two grossly aggravating factors elevate it to a Level 1 Offense. If you accumulate three or more grossly aggravating factors, you will face a Level 1 aggravated sentence.

Aggravating factors include‌: 

• A high blood alcohol level: .15% or above
• Reckless driving or an accident caused by a DUI
• Prior DUI convictions
• Speeding while committing a DUI to evade the police 
• Driving 30 miles per hour (or above) over the speed limit while under the influence 
• Illegally overtaking a school bus while committing a DUI

There may also be mitigating factors to a DUI:

• A safe prior driving record
• A blood alcohol level under .09%
• Proper operation of a vehicle, other than being under the influence 
• Impairment caused by prescription medication taken in the prescribed amount 
• Agreement to undergo a mental health assessment 

If the aggravating factors of your DUI outweigh the mitigating factors of your DUI, they will give you a Level 3 sentence.

If the aggravating factors and the mitigating factors are in balance and additional factors affect your DUI, you will likely receive a Level 4 sentence. 

If there are more mitigating than aggravating factors to your offense, you will most likely receive a Level 5 sentence. 

Lawyers Who Handle North Carolina DUI Cases

Navigating the legal system yourself, especially if you are not familiar with it, can be complicated. Factor in the stress related to a DUI situation, and you may put yourself at a considerable disadvantage by not hiring legal help.

A DUI lawyer can help you understand your options and guide you through your experience in court. They will also look into the mitigating factors of your case and work to negotiate a less severe sentence. 

If you are dealing with a serious DUI situation that comes with grossly aggravating factors or aggravating factors, you will want the help of a lawyer, since the consequences of your DUI will be substantially more severe. 

Traditional DUI lawyers can take between $3,000 and $5,000 to start on a case. However, Unbundled Legal Help specializes in affordable representation and realistic payment options. 

The DUI attorneys in our network generally start a case for $1,500 to $2,500 and up. Let us match you with a local DUI attorney for a free consultation today.