What Happens if You Get a DUI Under 21 in North Carolina?

By Doug Edwards

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Drug Defense

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Last Modified on Oct 27, 2025

If you get pulled over for drunk driving in Asheville or the surrounding areas, you can be charged with driving under the influence (DUI) or driving while intoxicated (DWI). Many underage drivers will ask: What happens if you get a DUI under 21 in North Carolina? As any knowledgeable Asheville DUI lawyer knows, getting charged comes with a whole separate host of issues.

North Carolina Drunk Driving Laws

North Carolina has strict laws concerning DUI, and penalties can include fines and jail time, even for a first offender. State law considers the legal Blood Alcohol Content (BAC) limit of a driver over 21 to be 0.08.

For a driver under 21, with North Carolina’s zero-tolerance policies, any amount of BAC is considered over the limit. This means that a driver under 21 may not have any alcohol or other substance in their system while driving. In addition, the state has implied consent laws, meaning that if you refuse to take a chemical analysis test to verify your BAC, there are consequences that could affect not only your ability to drive but also your legal record.

If you refuse to take the chemical analysis test, your driver’s license will be revoked for one year, and may be revoked for longer depending on the circumstances. In addition, your driving privileges will be revoked immediately for thirty days if you refuse any test or if there is any amount of alcohol in your system for drivers under 21. Refusal can also be used as evidence in court against you, and in some cases, an officer may obtain a warrant for a forced blood draw.

Hire a DUI Lawyer

The last thing you want is to have to serve jail time, but if you have been charged, don’t panic. In 2024, nearly two-thirds (65%) of DWI offenders in North Carolina received unsupervised probation.

Now, these were primarily first offenders, which does make a difference in sentencing, but it’s important to note that judges may use discretion depending on the circumstances of your case. Hiring a skilled DUI lawyer is key to getting the right advice on how to proceed.

Buncombe County had 323 reportable alcohol-related car crashes in 2022 alone, and whether or not other vehicles or pedestrians were involved in your case can mean the difference between a misdemeanor and a felony DUI charge.

Understanding the Consequences of a Conviction

Regardless of whether this is your first offense, you’ll want to hire a DUI lawyer who is experienced to help you navigate the legalities of your charges. A skilled DUI lawyer may be able to get your charges dropped if it’s your first offense or may even be able to help you get your driving privileges restored under certain circumstances.

A DWI conviction will stay on your driving record. North Carolina uses a seven-year sentencing lookback period when judges consider subsequent convictions, so it’s important to do whatever you can to mitigate the impact as soon as possible.

Contact Us

At Edwards Law, PLLC, we can provide the legal support you need to make sure you’re getting ahead of your DUI/DWI charges. We service Asheville, Buncombe County, and Western North Carolina. Contact us today to speak to someone on our team.