Chapter 4: DUI / DWI Laws

Driving is a privilege that requires sound judgment and full concentration. North Carolina’s laws against impaired driving, known as Driving While Impaired (DWI), are among the strictest in the nation because alcohol and drugs severely degrade the skills necessary for safe driving. Understanding these laws is critical not only for passing the knowledge test but for preventing tragic consequences, protecting your driving privilege, and avoiding severe, life-altering penalties.

DWI & Implied Consent

In North Carolina, a driver can be charged with Driving While Impaired (DWI) for operating a vehicle on a highway or public vehicular area while under the influence of an impairing substance. This is not limited to just alcohol; it includes illegal drugs, prescription medications, or any substance that negatively affects a driver’s mental or physical faculties. A driver can be proven to be impaired in two primary ways: by demonstrating that their physical or mental fitness is appreciably impaired, or by showing a specific Blood Alcohol Concentration (BAC).

Blood Alcohol Concentration (BAC) Limits

BAC is the measure of alcohol in a person’s bloodstream. It is illegal per se (in and of itself) to drive with a BAC at or above a certain level.

• 21 or Older: 0.08%
• Under 21: 0.00% (Any amount of alcohol is illegal under the “Zero Tolerance” law).
• Commercial Drivers (CDL): 0.04% when operating a commercial motor vehicle.