DWI Level 5 in North Carolina – Laws & Penalties

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Feb 11, 2026

A DWI Level 5 in North Carolina is considered the least severe impaired driving offense in the state. However, a Level 5 DWI can still result in jail time, thousands of dollars in fines, mandatory probation, license suspension, and effects that last for years professionally, financially, and personally. In Asheville and across Western North Carolina, the courts prioritize impaired driving.

If you have been charged with a DWI in Buncombe County, your case is likely to be filed in and heard at the Buncombe County Courthouse at 60 Court Plaza, Asheville, NC 28801. It’s located steps from Pack Square and a few minutes off of I-240. The courthouse can seem to loom over you after being charged. Understanding what charges you’re facing and how the law applies to your case is how you start to take control of the situation again.

North Carolina DWI Laws

North Carolina handles DWI sentencing based on levels. Once you are convicted, the judge evaluates grossly aggravating factors, aggravating factors, and mitigating factors to determine your punishment level.

If there are no grossly aggravating factors and your DWI has more mitigating factors than aggravating factors, then the judge can assign you a Level 5 punishment. Level 5 is the lowest sentencing level for a misdemeanor DWI. Driving while impaired is defined by statute N.C. Gen. Stat. § 20-138.1. A person commits DWI if they:

• Drive a vehicle while under the influence of an impairing substance
• Drive with a blood alcohol concentration (“BAC”) of at least 0.08%
• Have any detectable amount of a Schedule I Controlled Substance

Punishment levels are based on N.C. Gen. Stat. § 20-179, which sets out the DWI penalties. However, even with a Level 5, penalties can be severe.

Penalties for a DWI Level 5 in North Carolina

As part of the state-wide initiative to lower the number of fatalities from drunk driving, authorities and local law enforcement made 588 DWI arrests in 2024. According to the N.C. Division of Motor Vehicles, 361 persons lost their lives in alcohol-related collisions in North Carolina in 2024. Last year, 11,782 crashes involving alcohol occurred on North Carolina roads. Penalties for a conviction include:

• Up to $200 in fines
• At least 24 hours in jail
• No more than 60 days in jail
• Probation
• Substance abuse assessment and any treatment recommended by the state

Judges have the authority to substitute community service in lieu of jail time, but they are not required to.

The North Carolina Division of Motor Vehicles can suspend your license upon a DWI conviction. Typically, that means no driving for one year if it’s your first offense. There may be options to obtain limited driving privileges, but you have to wait a certain period and meet certain other requirements before those privileges are available.

Additionally, your car insurance costs are likely to increase. A DWI conviction can make you look like a high-risk driver to insurance companies.

Hire a DWI Lawyer

Don’t try to handle your DWI Level 5 case on your own. Our local prosecutors work DWI cases every day. The rules of procedure, rules of evidence, and sentencing factors are complex. When you hire a DWI lawyer, you get someone to:

• Review police body camera footage
• Analyze maintenance records for any breath testing device
• Issue subpoenas to witnesses if necessary
• Negotiate with the prosecutor on your behalf
• Present evidence to the judge that could mitigate your punishment

A conviction for DWI could impact your job, professional license, and even expose you to enhanced penalties should you be charged with any future criminal offense. It’s important to protect your criminal record now.

About Edwards Law, PLLC

Asheville criminal defense lawyer Doug Edwards spent ten years as a prosecutor in Western North Carolina. As a Board-Certified Specialist in State Criminal Law and the former First Assistant District Attorney for Buncombe County, Doug understands how DWI cases are viewed by the Prosecutor’s Office and what criminal defense strategies can work inside the Buncombe County Courthouse.

At Edwards Law, PLLC, we take the time to explain the criminal process, the likely outcomes, and devise a plan to strategically defend your case based on its unique circumstances.

FAQs

Does a Level 5 DWI Count Against Me If I Move Out of North Carolina?

Yes. Through its participation in interstate reporting systems, North Carolina is able to share convictions for driving while intoxicated with other states. If you move to a new state, the repercussions of your license could be dependent on the conviction you received in North Carolina, and the offense could result in increased penalties for any future driving while intoxicated accusations that you face in other states.

Can a Level 5 DWI Affect Security Clearance?

Yes, and this is especially true for anyone who either possesses or is asking for a federal security clearance. Those who commit offenses related to alcohol may be subject to greater scrutiny regarding their dependability and judgment. It is not necessary to automatically reject someone for a single isolated event; nonetheless, it is essential to demonstrate honesty in reporting and responsible behavior after the incident has occurred.

Is a 3rd or 4th Degree DWI Worse?

North Carolina does not classify their DWIs by “3rd or 4th degree.” They use Levels 1-5 and Aggravated Level 1. The lower the level, the more serious the punishment. For instance, a Level 3 DWI is more serious than a Level 4, and both of those are more serious than a Level 5. Each level has increased jail time and fines.

What Happens If I Refuse a Breathalyzer Test in a Level 5 DWI Case?

Chemical test refusal in North Carolina is treated as an automatic civil revocation that is independent of your criminal case. The fact that you refused may also be used against you in court. But criminal cases involving refusal sometimes allow for other legal issues to arise that defense attorneys can examine.

Contact Edwards Law, PLLC, Today

If you have been charged with a Level 5 DWI in Asheville, don’t wait to seek legal assistance. An attorney can help you advocate for your rights and understand the legal process. Contact Edwards Law, PLLC today to get started on your case with confidence.