Driving under the influence (DUI) is a serious criminal charge in North Carolina, and it carries harsh legal, financial, and personal consequences.
If you’re facing a DUI charge, your best line of defense is hiring a skilled North Carolina DUI lawyer. It’s important to find a skilled lawyer who knows state laws. They can help you win your case or lessen the impact.
Below, we will look at how DUI cases work in North Carolina and explain what makes a DUI lawyer the “best.” We will also introduce some top DUI attorneys in cities like Charlotte, Raleigh, Greensboro, Durham, and more.
If you or a loved one has been charged with DUI/DWI in North Carolina, call Drunk Driving Defense today at 1-888-839-4384 for a free consultation. You can also use our online contact form to get in touch with a top-rated criminal defense attorney anytime, day or night.
Table of Contents
- 1. North Carolina DUI Laws: An Overview
- 2. Penalties for DUI in North Carolina
- 3. Why You Need a DUI Lawyer in North Carolina
- 4. How to Choose the Best DUI Lawyer in NC
- 5. Top-Rated DUI Lawyers in North Carolina
- 6. DUI Lawyer FAQ
- 7. Get Connected to a DUI Attorney Near You
1. North Carolina DWI Laws: An Overview
In North Carolina, the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) are not used interchangeably. In North Carolina, DUI is officially known as “Driving While Impaired” (DWI). The state has standardized the term DWI to encompass what would generally be understood as driving under the influence of alcohol, drugs, or other impairing substances.
According to the North Carolina Policy and Sentencing Advisory Commission, there were 21,240 DWI convictions in North Carolina in 2020. This marks an increase from the 20,414 DWI convictions in 2020. The majority of DWI arrests in North Carolina occur in Mecklenburg and Wake counties.
NC DWI law states that an individual can be charged with DWI if they operate a vehicle with:
- BAC (Blood Alcohol Content) of 0.08% or higher results in a charge (0.04% for commercial drivers).
- Any impairment by alcohol or drugs can justify arrest, even without BAC evidence.
- Zero tolerance for drivers under 21—any measurable alcohol is illegal.
- Any level of a Schedule I controlled substance in their system.
Convictions can be based on chemical tests, officer observations, or field sobriety test results.
2. Penalties for DUI in North Carolina
North Carolina uses a level-based sentencing structure based on aggravating and mitigating factors:
| Level | Jail Time | Fine | Other Penalties |
|---|---|---|---|
| Level 5 | 24 hours to 60 days | Up to $200 | License suspension, probation possible |
| Level 4 | 48 hours to 120 days | Up to $500 | Community service, alcohol assessment |
| Level 3 | 72 hours to 6 months | Up to $1,000 | Treatment, ignition interlock device |
| Level 2 | 7 days to 1 year | Up to $2,000 | No parole, mandatory jail time |
| Level 1 | 30 days to 2 years | Up to $4,000 | Used for repeat or endangering offenders |
| Aggravated Level 1 | 12 to 36 months | Up to $10,000 | Continuous alcohol monitoring, no parole |
Source: North Carolina General Statutes § 20-179
NC DWI laws escalate the sentence for someone with prior DWI convictions. A general overview of the sentences imposed for specific DUI charges include:
First DWI in North Carolina
- A fine of up to $1,000
- License suspension for one year
- Possible jail time of up to two years
- Possible participation in a drug and alcohol treatment program
Second DWI in North Carolina
- A fine of up to $2,000
- License revocation for four years
- Possible jail time of up to three years
- Possible participation in a drug and alcohol treatment program
Third DWI in North Carolina
- A fine of up to $10,000
- License revocation for life
- Possible jail time of up to three years
- Possible participation in a drug and alcohol treatment program
Fourth DWI in North Carolina
- When someone gets four DWIs within 10 years, they are considered a Habitual DWI offender.
- If a fourth DWI was charged while someone’s license was suspended from a previous DWI, the State will seize their car(s)
- Fourth DWI is elevated to a Felony DWI
- Minimum mandatory jail time of 1 year (this cannot be suspended)
- Mandatory participation in a drug and alcohol treatment program
Ignition Interlock Devices
In addition to the above penalties, North Carolina law enforcement also requires the installation of an ignition interlock device (IID) for some DWI offenders. An IID is a device that is installed in a vehicle that requires the driver to blow into it before the car will start. If the device detects alcohol on the driver’s breath, the car will not start.
In North Carolina, an IID is required for:
- First-time offenders with a BAC of 0.15 or higher
- All repeat offenders
- Some first-time offenders, at the discretion of the court
The cost of installing and maintaining an IID can be substantial, and it is important to discuss the potential requirement of an IID with your North Carolina DWI lawyer.
3. Why You Need a DUI Lawyer in North Carolina
- Challenge illegal stops and invalid tests
- Suppress key evidence
- Negotiate plea deals or sentencing reductions
- Advocate at DMV hearings to save your license
Without comprehensive DWI defense and competent legal representation, your risk of conviction—and the severity of penalties—increases dramatically.
4. How to Choose the Best DUI Lawyer in NC
Key qualities to look for:
- Board Certification in Criminal Law
- Extensive DUI/DWI Experience
- Familiarity with Local Courts
- Positive Client Reviews
- Free Consultation Offers
5. Top-Rated DUI Lawyers in North Carolina
John Fanney – Raleigh, NC
- Firm: Fanney Law Office
- Board-Certified Criminal Law Specialist
- 30+ years of experience
Brad Koffel – Greensboro, NC
- Firm: The Koffel Law Firm
- Former public defender, 24/7 availability
Doug Rowe – Charlotte, NC
- Firm: Rowe Law Firm
- Former ADA, highly rated for DUI defense
Patrick Roberts – Durham, NC
- Firm: Roberts Law Group
- Nationally recognized DUI defense attorney
Ashley Cannon – Winston-Salem, NC
- Firm: Cannon Law, PLLC
- Bilingual services, field test defense experience
6. DUI Lawyer FAQ
How much does a DUI lawyer cost in North Carolina?
Typically $1,500 to $5,000 for a first offense. More for trials or repeat offenses.
Can a DUI be dismissed in North Carolina?
Yes, especially with illegal stops, faulty tests, or procedural errors.
Will I lose my license?
Yes, usually. But a lawyer can help you seek limited driving privileges.
What if I refused the breathalyzer?
Refusing leads to a 12-month license revocation under implied consent law.
How long does a DUI stay on my record?
DUI convictions in NC are permanent and not eligible for expungement.
7. Get Connected to a DUI Attorney Near You
You only have 10 days to contest your license suspension through a DMV hearing. Don’t delay. Contact a top-rated North Carolina DUI lawyer right away.
Call Now or Submit Your Case through Drunk Driving Defense to get connected to experienced legal help near you—in Charlotte, Raleigh, Wilmington, Durham, or Asheville.
Get Help From An Experienced DUI Attorney in NC Today!
North Carolina takes DUI offenses seriously. They are technically considered a criminal offense in North Carolina. The penalties can be steep, and the impact on your future is real. But a skilled DUI lawyer can make all the difference.
Whether you’re seeking to fight a DWI/DUI charge, minimize the damage, protect your driving record, or retain your driver’s license, choosing the right legal advocate is the first step to protecting your rights.
Need help now? Get matched with a North Carolina DUI attorney today through Drunk Driving Defense.
Call 1-888-839-4384 or use our online contact form to get a free case evaluation today!
More NC DWI Lawyer Resources
If you’d like to learn more about the NC DWI attorneys near you, check out some of our city-specific pages below.