Ignition Interlock Laws in North Carolina
When you are arrested for a DWI in North Carolina your license can be suspended in two different ways:
- Administrative. This only happens if you fail a breath test, or refuse to take one. Your license will be immediately suspended or revoked, and the arresting office will give you a temporary driving permit which will allow you to drive for 30 days to get your affairs in order. During this time you can request a hearing to challenge your suspension. If you do not request one, or your challenge is unsuccessful, you will have a restricted license allowing you to drive to certain prescribed locations such as home or school
- Judicial. This occurs when you are sentenced by a court after a trial or plea agreement
Your administrative and judicial cases are separate, and you must attend to both of them. It is possible to have avoid a DWI court conviction and still have your administrative suspension.
|1st Offense||10 days to 1 year||$1,000||180 days|
|2nd Offense||1 to 5 years||Up to $2,000||1 year|
|3rd Offense||1 to 10 years||Up to $5,000||3 years|
|4th and subsequent||1 to 20 years||Up to $5,000||3 years|
- In ignition interlock required for 2nd and subsequent DWI offenses, as well as first offenses your blood alcohol concentration (BAC) is .15 or higher.
- North Carolina courts will adjust the above penalties depending on the presence of mitigating or aggravating factors. Aggravating factors include reckless driving, prior DWI convictions, driving with a child under 16, driving with a suspended or revoked license, a BAC of .15 or higher, and causing serious injury
- Mitigating factors include a safe driving record, low BAC, and seeking voluntary treatment