North Carolina DWI Laws Explained

In North Carolina DWI law, there are several classifications of charges that range from simple driving under the influence, up to vehicular homicide. Below is a list of the various charges.

The Various Types Of Impaired Driving Charges In North Carolina

Impaired Driving:

If a driver is "under the influence of an impairing substance," or has a BAC of at least 0.08, or has any amount of an illegal drug in their system while driving, they can be charged with Impaired Driving.

Impaired Driving of a Commercial Vehicle:

The charge of Impaired Driving of a Commercial Vehicle is almost the same as Impaired Driving.  The biggest difference is that the minimum BAC for which a driver can be charged is 0.04.  A driver can also be charged for driving while under the influence of an imparing substance, or for driving with any amount of an illegal drug in their system.  If you are driving a commercial vehicle or a school vehicle, you should also remember that North Carolina has a law which prohibits driving those vehicles after consuming any alcohol at all.

Driving by person less than 21 years old after consuming alcohol or drugs:

If a driver is less than 21 years old, they can be charged with Driving by person less than 21 years old after consuming alcohol or drugs if they drive with any amount of alcohol or any controlled substances in their system, unless the controlled substance was legally obtained and taken in the proper dose.

Felony Death by Vehicle:

If a driver accidentally causes the death of another person, and was driving while impaired, the driver can be charged with Felony Death by Vehicle if the impaired driving led directly to the death.  Also, if the driver has been convicted of impaired driving within 7 years, the driver can also be charged with Aggravated Felony Death by Vehicle.

Felony Serious Injury by Vehicle:

If a driver accidentally causes a serious injury to another person, and was driving while impaired, the driver can be charged with Felony Serious Injury by Vehicle if the impaired driving led directly to the harm.  Also, if the driver has been convicted of impaired driving within 7 years, the driver can also be charged with Aggravated Felony Serious Injury by Vehicle.