DUI License Consequences in North Carolina – All You Need To Know (2024)

Driving under the influence (DUI) is a dangerous crime in North Carolina that can result in severe penalties, including losing your license. Losing your driver’s license is one consequence that happens immediately and has a long-term impact. If you are charged with DUI in North Carolina, you need to understand the DUI license consequences in North Carolina, including how your license can be affected, how long it will be suspended or revoked, and how to get it back.

Immediate License Suspension

There is a process in North Carolina called “Civil Revocation” that takes place right away if you are charged with DUI and ends with a 30-day license suspension. If the driver has a blood alcohol concentration (BAC) of 0.08% or more, or if they fail to take a chemical test, this license will be taken away.

Your license can be taken away by the North Carolina Division of Motor Vehicles (NCDMV) even before your case goes to court. However, you might be able to pay a fee and ask for limited driving privileges. This could let you drive to work or school while your case is being heard.

This instant suspension is a warning and a taste of the harsher punishments that could come if you are found guilty.

License Penalties for First-Time Offenders

North Carolina requires that people who are convicted of DUI for the first time have their license taken away for a year. This is still the case even if there were no accidents, injuries, or high BAC levels during the event. If your license is taken away, you have to wait at least one year before you can get it back. Some first-time offenders may be able to apply for limited driving rights some time after their license was taken away.

This “Limited Driving Privilege” (LDP) is a court-issued permit that lets offenders drive for certain things, like going to work, school, or a doctor’s visit. Offenders must go through the necessary drug abuse tests and enroll in a treatment program in order to get an LDP.

Effects on Licenses for Repeat Offenders

In North Carolina, the penalties are even worse for people who get a DUI more than once. If you get a second arrest in three years, the NCDMV will take away your license for four years. Also, people who get a third DUI in 10 years will have their license taken away permanently.

Even after a license has been permanently taken away, there is still a chance to get it back. After some time has passed, drivers can ask the court to let them drive again, but they have to show that they have stayed sober and finished any programs that the court ordered them to complete.

People who have gotten a DUI more than once may also have to place an ignition interlock device (IID) on their vehicle before they can get their license back. The IID is a breathalyzer that is linked to the car’s ignition system. If alcohol is found on the driver’s breath, the car won’t start.

DUI With Refusing Testing

North Carolina has laws called “implied consent,” which means that if you are pulled over for DUI, you instantly agree to take a chemical test. If you refuse to take a breath or blood test, your license could be taken away right away, even if you are not found guilty of DUI in the end.

If you refuse to take a test, your license will usually be suspended for one year. Drivers who refuse to be tested may face harsher punishments if they are found guilty, such as longer license suspensions and higher fines.

License Consequences of a DUI for Minors

North Carolina has a strict law against teens drinking and driving. If a driver under 21 is found with any amount of alcohol in their system (BAC of 0.01% or higher), their license will be taken away for one year, even if it’s their first offense. Teenagers who break the law may lose their driving rights, have to pay fines, do community service, and have to go to class on drug abuse.

Why License Consequences Are Important

If you get a DUI in North Carolina and lose your license, it can change how you live your life. You might find it hard to get to work, school, or other important places if you don’t have a legal license, and if you don’t follow through with court-ordered programs, your reinstatement could be delayed.

FAQs

Q: What Happens When You Get Your First DUI in North Carolina?

A: In North Carolina, a first DUI conviction carries penalties that include fines, community service requirements, potential jail time, and other penalties. Additionally, your driver’s license will be suspended for a year. After some time, restricted driving privileges for employment or school may be awarded. The seriousness of the offense and any aggravating circumstances, including a high blood alcohol content, determine the penalty.

Q: Is Your License Suspended Immediately After a DUI in NC?

A: In North Carolina, if you are charged with DUI and have a BAC of 0.08% or over, or if you refuse a chemical test, your license will usually be suspended immediately for 30 days. After some time, you can petition for restricted driving privileges, which will let you use your car for necessary travel, such as driving to work, until your court date.

Q: How Long Does a DUI Stay on Your License in North Carolina?

A: In North Carolina, a conviction for DUI lasts for seven years on your driving record. If you are found guilty of any further DUI crimes during that period, this might have an impact on your insurance rates and result in severe penalties. The points and effect on subsequent offenses decrease over time, even if they remain on your record for seven years.

Q: Is a DUI In North Carolina a Felony?

A: The majority of first and second DUI arrests in North Carolina are misdemeanors. However, if there are aggravating circumstances, such as several prior convictions, significant damage, or death as a result of the DUI, the DUI becomes a felony. A felony is also applied to habitual impaired driving, which is defined as having three or more DUI convictions in a ten-year period.

Contact Edwards Law, PLLC, Today

If you or someone you know has been charged with a DUI, an attorney at Edwards Law, PLLC, can help you. Contact us today to speak with a representative.