What are the penalties for DWI in North Carolina?

The penalties for a DWI in North Carolina include level 1-5 penalties.

Level 1 Penalties

• Fines: Up to $4,000,
• Jail Time: 30 days- 2 years (the term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 30 days.),
• Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
• Possible Alcohol Monitoring System 30-60 Days (as condition of probation),
• Court Costs and Fees,
• The judge may impose any other lawful condition of probation.

Level 2 Penalties

• Fines: Up to $2,000,

• Jail Time: 7 days to 1 Year. (may be suspended see above),

• Possible Probation (includes alcohol assessment and education program),

• Possible Alcohol Monitoring System 30-60 Days (as condition of probation),

• Court Costs and Fees, and

• The judge may impose any other lawful condition of probation.

Level 3 Penalties

• Fines: Up to $1,000,

• Jail Time: 72 hours to 6 Months (the term of imprisonment may be suspended)

  • However, the suspended sentence shall include the condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation; or Perform community service for a term of at least 72 hours, or both,

• Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
• Your license will be suspended for one year and you will generally be allowed a limited driving privilege, which allows you to drive to and from work, and
• The judge may impose any other lawful condition of probation.

Level 4 Penalties

• Fines: Up to $500,

• Jail Time: 48 hours to 120 days. The term of imprisonment may be suspended.

  • However, the suspended sentence shall include the condition that the defendant: Be imprisoned for a term of 48 hours as a condition of special probation, or Perform community service for a term of 48 hours or both.

• Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
• 60-90 days suspended driver’s license, and
• The judge may impose any other lawful condition of probation.

Level 5 Penalties

• Fines up to $200,

• Jail Time: 24 hours to 60 days (the term of imprisonment may be suspended)

  • However, the suspended sentence shall include the condition that the defendant: Be imprisoned for a term of 24 hours as a condition of special probation or Perform community service for a term of 24 hours, or both,

• Possible Probation (if you are placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by for the restoration of a drivers license and as a condition of probation),
• 30 days suspended driver’s license, and
• The judge may impose any other lawful condition of probation.