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North Carolina (NC) - State Requirements for Ignition Interlock Devices

The North Carolina Ignition Interlock Program

In North Carolina, the legal blood alcohol content limit is .08 percent, or .04 percent for commercial license holders. All offenders found to have a BAC above the legal limit will have their license revoked for 30 days. This period may be extended if they are convicted.

Alcohol-based driving offenses in North Carolina are categorized into five different levels, one through five. Level One is considered the most serious offense, and Level Five the least serious. The penalties for each offense increase as the severity level increases. All penalties include a possibility of driving privileges being taken away. In some cases, the court may require the offender to install an ignition interlock device (IID) North Carolina approves in order to regain their driving privileges.

What Happens if I Get a DWI in North Carolina?

The following penalties apply to DWI offenders of various levels in North Carolina. Level Five is considered the least severe, and Level One is the most severe. In some situations, Level Three, Four, and Five offenders may be eligible to regain limited driving privileges during their suspension term. Penalties may be increased depending on the exact circumstances of a DWI offense and the driver’s previous record.

DWI Level Five

  • Up to $200 fine
  • 24 hours minimum to 60 days maximum jail term
  • Sentences can be suspended if the offender spends 24 hours in jail and/or performs 24 hours of community service
  • License suspension can increase to one year
  • If the offender is placed on probation, they must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges, if under 21 years old
  • Interlock can be required by the court

DWI Level Four

  • Fine up to $500
  • Jail sentence minimum of 48 hours to maximum of 120 days
  • Sentences can be suspended if the offender spends 48 hours in jail and/or performs 48 hours of community service
  • License suspension period can increase to one year
  • If the offender is placed on probation, they must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
  • Interlock can be required by the court

DWI Level Three

  • Fine up to $1,000
  • Minimum jail sentence of 72 hours, maximum of six months
  • Sentences can be suspended if the offender spends 72 hours in jail and/or performs 72 hours of community service
  • License suspension can increase to one year
  • If the offender is placed on probation, they must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
  • Interlock can be required by the court

DWI Level Two

  • Fine up to $2,000
  • Minimum jail sentence of seven days with a maximum of one year
  • For Level Two offenders, the judge cannot suspend the minimum sentence but can reduce the sentence if above seven days with conditions of special probation such as alcohol monitoring.
  • License suspension can increase to one year if convicted
  • If the offender is placed on probation, they must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
  • Interlock can be required by the court

DWI Level One

  • Fine up to $4,000
  • Minimum jail sentence of 30 days with a maximum of two years
  • The judge can reduce the imprisonment sentence to a minimum of 10 days with conditions of special probation such as alcohol monitoring
  • License suspension can increase to one year
  • If the offender is placed on probation, they must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
  • Interlock can be required by the court

What Happens if I Refuse to Submit to a DWI Test in North Carolina?

A driver who refuses the test, their license will immediately be revoked for at least 30 days. An additional year is added on after an opportunity for a hearing. Some drivers may be able to regain their driving privileges after a six-month waiting period.

How Do I Regain Driving Privileges in North Carolina?

In North Carolina, offenders who refuse to take a BAC test or are convicted of DWI will have their license suspended. These license suspensions can last from one year to permanent, depending on the offense. However, some drivers are able to get limited driving privileges back with a limited license, sometimes called a restricted license or a hardship license. Eligible drivers must meet the following criteria:

  • Offender must apply and request a hearing - the prosecutor’s office is notified of the hearing and has the opportunity to present arguments against granting a restricted license. The judge is ultimately responsible for granting the limited driving privileges, or not.
  • Must hold a valid driver’s license at the time of the offense or a license that had been expired for less than one year
  • Have not been convicted for a DWI offense within seven years of their current offense
  • They received a Level Three, Four, or Five penalty for the conviction (Level One and Level Two offenders are likely ineligible)
  • Since their conviction, they have not been charged with or convicted of another DWI offense
  • They got a substance abuse assessment and filed it with the court
  • Have not violated previous temporary license restrictions
  • High-risk drivers who had a BAC of .15 percent or higher must meet additional requirements including:
  • Installing an ignition interlock device