DWI Level 2 in North Carolina – Laws & Penalties

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Jan 24, 2026

In North Carolina, not all driving while intoxicated charges are created equal. A DWI Level 2 in North Carolina is substantially more serious than a DWI Level 5, for example. DWI penalties also vary depending on the severity of the charges being brought against you.

North Carolina’s DWI Laws

North Carolina’s DWI laws can be confusing. The state breaks DWIs up into six categories, ranging from Level 5 to Level A1, each of which has a separate set of potential consequences. These categories are based primarily on the number of aggravating and mitigating factors present at your arrest.

Understanding Level 2 DWIs

You’ll be charged with a Level 2 DWI under N.C.G.S. 20-179 if there was one grossly aggravating factor present, and if there was no minor in the car when you were pulled over. The sentencing for Level 2 DWIs is relatively severe compared to Levels 5-3. You could face:

• Seven days or up to a year in jail
• Probation with the use of a continuous alcohol monitoring system
• Community service of 240 hours
• Mandatory substance abuse assessment and treatment or education
• License suspension

The judge can suspend your prison sentence if you are ordered to abstain from alcohol for at least 90 consecutive days. Your abstinence will be verified using a continuous alcohol monitoring system approved by the Division of Adult Correction of the Department of Public Safety. Probation requirements typically also include mandatory substance abuse treatment or education.

If you’re subject to Level 2 penalties as a result of a previous conviction for a DWI or driving on a revoked license that was taken away in response to another DWI, and that conviction occurred less than five years before the date of your most recent arrest, the judge will also have to impose a mandatory 240 hours of community service.

What Are Grossly Aggravating Factors?

There are four grossly aggravating factors:

1. A prior conviction: If you were convicted less than seven years after another arrest, it becomes a grossly aggravating factor. If you have multiple DWI convictions, each one counts as a separate factor.
2. Driving with a revoked license: If your license was revoked for impaired driving, that will also be considered a grossly aggravating factor if you are pulled over for another DWI.
3. Serious injuries: If you cause serious injury to another person due to your impaired driving, that can contribute to increased penalties.
4. Minor in the car: If there is a person under the age of 18 in the car, a disabled person who can’t exit the vehicle unaided, or someone who has the mental capacity of a person under 18, that’s also an aggravating factor. This aggravating factor cannot be present if you get a Level 2 DWI. It will increase your charges to Level 1.

If there were multiple grossly aggravating factors present at the time of your arrest, you may still be able to work with a DWI lawyer to have your charges reduced to Level 2 DWI, or even lower. Ask your lawyer whether it makes sense to take a plea deal in exchange for reduced charges.

The Scale of North Carolina’s Drunk Driving Problem

From June 30, 2023 to June 30, 2024, a total of 34,661 complaints were filed for driving while impaired. The vast majority of them, 28,045, led to convictions. Of those convicted, 6,175 drivers were facing Level 1-2 charges. Another 653 faced more serious Level A1 charges, while the other 20,158 faced Level 3-5 charges.

Sadly, a large number of arrests is only one consequence of North Carolina’s drunk driving problem. In 2024, 361 people were killed, and another 7,227 were injured in alcohol-involved crashes. Under North Carolina’s DWI laws, those convicted faced Level 1 DWI or Level 2 DWI charges depending on whether there were other grossly aggravating factors present at the time of the crash.

FAQs

What Is a Level 2 DWI in NC?

A Level 2 DWI in NC is a driving while intoxicated charge that involves one grossly aggravating factor and no minor children in the car. Grossly aggravating factors include certain prior convictions, driving on a revoked license, and causing serious injury to another person. DWI penalties for Level 2 charges include fines of $2,000 or less and a jail term of seven days and up to one year.

How Serious Is a DWI in NC?

How serious a DWI is in NC depends on the number of aggravating or grossly aggravating and mitigating factors that were present. A Level A1 DWI involving three or more grossly aggravating factors is much more serious than a Level 5 DWI with substantial mitigating factors present. You can ask your North Carolina DWI attorney for clarification regarding the charges being brought against you.

Can You Get a DWI Dropped in NC?

You can get a DWI dropped in NC in certain cases. If the police officer who pulled you over did not have a valid reason to do so, that could be considered an illegal stop, and all the evidence obtained against you during it could be thrown out. Violations of your constitutional rights during DWI traffic stops, such as illegal searches and seizures, work the same way. Any evidence obtained as a result of them is inadmissible.

Do You Always Go to Jail for a DWI?

You don’t always go to jail for a DWI. First-time offenders who had no aggravating factors present at their arrest are relatively unlikely to go to jail for their DWIs, though it’s at the judge’s discretion whether to assign jail time vs. probation and community service. The most likely scenario is one in which you complete a combination of probation, community service, and substance abuse education.

Hire a DWI Lawyer

If you’ve been charged with a DWI Level 2 in North Carolina, you could face serious penalties, including prison time and hefty fines. You can hire a DWI lawyer to help you fight the charges.

The team at Edwards Law, PLLC, is here to help. Over our years in practice, we’ve assisted countless drivers with their DWI charges within local courts, such as the Buncombe County Courthouse on Court Plaza in Asheville. We can help with your DWI case, as well. Contact us to schedule an initial consultation today.