DWI

Driving While Impaired (DWI) Charges

Item: Glover Law Firm
Rating: 5
Author: Bondwc WC.

DWI Defense | Driving While Impaired by Alcohol or Drugs

North Carolina DUI defense illustration showing a uniformed police officer beside legal books, scales of justice, and documents labeled “DUI Defense,” representing OUTER BANKS Driving While Impaired charges and constitutional rights in NC criminal court. Your future can have a serious setback if you are arrested on an OBX DWI and convicted of Driving While Impaired in North Carolina. While people tend to use the terms interchangeably, there is little to no practical difference between DWI and DUI in North Carolina.

Driving While Impaired or “DWI” may be related to alcohol, illegal drugs, prescription drugs, and even over-the-counter medicines. You don’t have to intend to be “drunk driving” or “drunken driving” to be arrested and face allegations of criminal charges in the Outer Banks.

DWI is a criminal offense, often misdemeanor charges in District Court and may also include traffic violations under N.C.G.S. Chapter 20: Motor Vehicles.

A DWI conviction may require jail or prison time, (if the State can prove Grossly Aggravating Factors), community service, fines, probation, loss of driving privileges, greatly increased insurance premiums, the necessity of a Continuous Alcohol Monitoring (CAM) Device, and the installation of a Blow and Go ignition interlock device on every vehicle you own.

DWI charges in North Carolina are serious criminal offenses, that can involve felony or misdemeanor criminal charges, again depending on what happened as a result of the “impaired driving.” DWI can serve as a predicate offense to NC Murder and Manslaughter charges.

A conviction for Driving While Impaired on your record can be a serious detriment to finding gainful employment. It can also affect your personal and professional reputation in the community.

"We take criminal charges like DWI in North Carolina very seriously. So should you. Allegations of any criminal charge, whether misdemeanor or felony charges, can have long-term consequences" – Danny Glover, OBX Lawyer

Where Do You Help People Charged With OBX DWI?

Our law firm provides legal representation throughout northeastern North Carolina, including Elizabeth City NC, Edenton, Gates, Hertford, Camden, Currituck and all of the Outer Banks including:

Danny Glover, Jr. has extensive experience defending clients charged with OBX DWI. He has for years taught attorneys across the state in numerous aspects of the NC DWI laws and DUI defense continuing legal education classes. Glover Law Firm can help you fight your DWI charge.

Consequences of Driving While Impaired – DUI Driving Under the Influence

In North Carolina, the laws and penalties governing DWI Driving While Impaired are complex. For each offense, the penalties OBX DWI LAWYERSrange from the least severe (Level 5) to the most severe (misdemeanor Level A1 or Felony Habitual DWI). The levels are determined by grossly aggravating factors, aggravating factors and mitigating factors. Call now for more information about DWI charges in North Carolina for some in-depth answers to common questions.

The consequences can extend far beyond what you may imagine. You will have two issues to address, initially – your criminal charges and a possible automatic suspension of your driver’s license if you refuse to submit to a breath test (Willful Refusal) or provide a breath sample of 0.08 BAC.

For felony DWI charges (Habitual DWI in North Carolina), you may have the issue of bail to address as well.

As stated, DWI convictions carry consequences, including permanently damaging your criminal record, compromising your personal and professional reputation, adversely affecting as your relationships and potential future career.

First Offense DWI in North Carolina

Even on a first offense jail time can range from 24 hours to several years in prison, fines ranging from a couple of hundred dollars to several thousand dollars, and your driver’s license suspension can range from 30 days to one year.

Second Offense - Grossly Aggravating Factors

If you have another DWI conviction in the past 7 years, jail time can range from 30 days to several years, fines up to several thousand dollars, a driver’s license suspension of one to four years, no work permit or limited driving privilege, and an interlock ignition device installed in any vehicle you own…when you are finally allowed to drive again.

Third Offense

If you have two DWI conviction in the past 7 years, jail time can range from 60 days to several years, fines as determined by the offense, a driver’s license suspension of at least one year (or a permanent revocation if the last conviction occurred within the last five years), no work permit or limited driving privilege, and an interlock ignition device installed in any vehicle you own…when you are finally allowed to drive again.

Sentencing Factors for DWI Conviction in NC

When arrested for a DWI/DUI offense, other circumstances could elevate the seriousness of the crime.

Grossly Aggravating Factors include:

A prior conviction for an offense involving impaired driving if:
- The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
- The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
- The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn, or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20-38.7.
- Each prior conviction is a separate grossly aggravating factor in North Carolina
Driving by the defendant at the time of the offense while his driver’s license was revoked pursuant to G.S. 20-28(a1).
Serious injury to another person caused by the defendant’s impaired driving at the time of the offense.
Driving by the defendant while (i) a child under the age of 18 years, (ii) a person with the mental development of a child under the age of 18 years, or (iii) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense.

If convicted and the Judge finds 1 of the above grossly aggravating factors, the person is sentenced as a Level 2. If the Judge finds 2 grossly aggravating factors, the person is sentenced as a Level 1. If the Judge finds 3 or more of these factors, the person is sentenced at a Level A1.

A Level A1 punishment results in jail time ranging from 12 months to 3 years, with no parole, and a fines up to $10,000.
A Level 1 punishment results in jail time ranging from 30 days to 24 months and fines up to $4,000.
A Level 2 punishment results in jail time ranging from 7 days to 12 months and fines up to $2,000.
A Level 3 punishment may result in jail time ranging from 72 hours to 6 months in jail and fines up to $1000.
A Level 4 punishment may result in jail time ranging from 48 hours to 120 days in jail and fines up to $500.
A Level 5 punishment may result in jail time ranging from 24 hours to 60 days in jail and fines up to $200.

Aggravating Factors for DWI sentencing in North Carolina include:

Gross impairment of the defendant’s faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving. For purposes of this subdivision, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove the person’s alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court.
Especially reckless or dangerous driving.
Negligent driving that led to a reportable accident.
Driving by the defendant while his driver’s license was revoked.
Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.
Conviction under G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
Passing a stopped school bus in violation of G.S. 20-217.
Any other factor that aggravates the seriousness of the offense.

Except for the factor in subdivision (5) the conduct constituting the aggravating factor shall occur during the same transaction or occurrence as the impaired driving offense.

Mitigating Factors for DWI Sentencing in NC include:

Slight impairment of the defendant’s faculties resulting solely from alcohol, and an alcohol concentration that did not Outer Banks DWI Lawyersexceed 0.09 at any relevant time after the driving.
Slight impairment of the defendant’s faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
Driving at the time of the offense that was safe and lawful except for the impairment of the defendant’s faculties.
A safe driving record, with the defendant’s having no conviction for any motor vehicle offense for which at least four points are assigned under G.S. 20-16 or for which the person’s license is subject to revocation within five years of the date of the offense for which the defendant is being sentenced.
Impairment of the defendant’s faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
The defendant’s voluntary submission to a mental health facility for assessment after he was charged with the impaired driving offense for which he is being sentenced, and, if recommended by the facility, his voluntary participation in the recommended treatment.
Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system. The continuous alcohol monitoring system shall be of a type approved by the Division of Adult Correction of the Department of Public Safety.
Any other factor that mitigates the seriousness of the offense.

Except for the factors in subdivisions (4), (6), (6a), and (7), the conduct constituting the mitigating factor shall occur during the same transaction or occurrence as the impaired driving offense.

Protect Your Rights: Outer Banks DWI Lawyer – DUI Attorney

Danny is passionate about protecting your rights and pursuing every possible avenue that could achieve a positive outcome for your DWI charge. Danny’s personal, aggressive approach involves building a powerful defense case that will be based on a number of factors, including:

Determining if the vehicle stop or your detention was legal and there was reasonable and articulable suspicion of that.
Determining if the arrest was legal and if there was probable cause for the arrest
Determining if the field sobriety tests were administered and interpreted properly. Danny Glover, Jr., has been are certified as a Standardized Field Sobriety Test Administrator per the National Highway Traffic Safety Administration guidelines.
Determining if the breath tests were administered properly and comply with all necessary statutes and regulations.
Whether any evidence in the case has the potential for being suppressed

Danny initially focuses on finding a way to beat your case outright under the law. If that is not possible, then he will explore the possibility of having your charges reduced as much as possible. If neither of those options are available, he will work to reduce your punishment as much as is legally possible, including fighting to get you a limited driving privilege, if one is allowed in your case, so that you can get to work or school, alcohol classes and maybe even for personal errands

Glover Law Firm serves as legal counsel for individuals charged with DWI in many NC communities, including the Outer Banks, Elizabeth City, Currituck, Camden, Hertford all other communities or rural areas in northeastern North Carolina. Our firm stands ready to move into action for your defense.

If You Had a OBX DWI, Contact Us Today

Call us toll free and speak with a knowledgeable attorney about your case, or use our online form so we can review the facts in your case quickly and efficiently. We are ready to get to work for you, and our initial consultation is without charge, so you can learn what we can do for you without obligation. Don’t wait. Call today.

Frequently Asked Questions

Should I Talk to the Police After an OBX DWI Arrest?

After a Driving While Impaired arrest in North Carolina, talking to the police, answering questions or engaging in conversation creates legal risk without creating legal protection. You are not required to explain where you were, what you consumed, or how you felt. Officers ask questions to gather evidence, not to clarify misunderstandings. You have the constitutional right to remain silent and to ask for a lawyer. Exercising those rights is lawful and cannot be used as proof of guilt. Limiting communication prevents incomplete or poorly worded statements from becoming evidence later in court.

If I blow 08 does that mean I am automatically guilty of DWI in North Carolina?

A blood alcohol concentration of 0.08 does not automatically establish guilt under North Carolina DWI law. Although the statute allows the State to rely on a chemical analysis obtained at any relevant time after driving, North Carolina does not treat that number as a per se conviction. The chemical result is evidence, not guilt by itself. The State must first prove the test is legally reliable and admissible. That proof depends on compliance with statutory and administrative requirements, including observation periods, testing procedures, machine operation, operator qualification, and proper evidentiary foundation. If those requirements are not met, the number cannot be used to prove impairment.

Question people ask	North Carolina rule in plain language	What matters in court	Fast takeaway
Should I talk to police after a DWI arrest	You have the right to remain silent and request a lawyer. Statements may be used as evidence.	What was said, when it was said, and whether it was recorded or documented.	Say little. Ask for counsel.
Does 0.08 mean automatic guilt	A reported 0.08 is not an automatic conviction. The State must establish legal reliability and admissibility. The statute permits proof at any relevant time after driving.	Compliance with statutory and administrative testing requirements.	A number is evidence, not guilt.
Do field sobriety tests prove impairment	SFSTs are divided-attention tasks used to form opinions related to probable cause and appreciable impairment.	Instructions, demonstration, administration, scoring, and scene conditions.	SFSTs are not pass-fail tests.
Can prescription medication lead to DWI	Lawfully prescribed or over-the-counter medication may support a DWI charge if the State proves appreciable impairment at the time of driving.	Officer observations, medical context, timing, dosage, side effects.	Prescription status does not control the outcome.
Is marijuana treated the same as alcohol	Cannabis cases do not rely on a universally accepted numerical threshold to prove impairment.	Timing, metabolites, and whether the substance caused impairment at the time of driving.	Presence is not impairment.
What happens if I refuse a breath test	Willful refusal triggers a civil DMV revocation separate from the criminal case. Refusal does not resolve the charge.	Implied-consent advisement and procedural compliance.	Refusal has DMV consequences.
Can police get blood if I refuse	Chemical evidence may be obtained through lawful process, including a warrant in appropriate circumstances.	Warrant validity, constitutional compliance, collection protocol.	Refusal does not block all testing.
Is DUI a felony or misdemeanor in North Carolina	DWI is generally charged as a misdemeanor, but felony exposure may arise from prior convictions or resulting injury or death.	Charge classification rules and prior conviction history.	Misdemeanor does not mean low impact.
How long is your license revoked after conviction	Conviction triggers mandatory DMV revocation. One year for a first conviction, four years for a second within three years, permanent for a third with two priors within five years.	Conviction history and offense dates.	Revocation length is history-driven.
Is there deferred prosecution for DWI	A standard DWI charge is not handled through deferred prosecution or deferred disposition in North Carolina.	Admissible evidence and statutory compliance.	Do not assume diversion exists.

Note: This chart is educational and is not legal advice. DWI outcomes depend on facts, procedure, and admissible evidence.

What happens if I refuse the breath test?

Willful refusal of a breath test triggers a civil license revocation (CVR) by the North Carolina DMV, separate from the criminal DWI charge. A willful refusal does not equal a conviction, and it does not resolve the criminal case. Refusing to provide a breath sample prevents the State from relying on a reported alcohol concentration from a breath test, but it does not necessarily prevent the State from obtaining chemical evidence by other lawful means. In some cases, law enforcement may seek a search warrant for a blood sample, and a compelled blood draw may be legally obtained if statutory and constitutional requirements are satisfied.

Refusal to submit to chemical testing may later be offered as evidence at trial, depending on how the refusal occurred and whether officers properly advised you of your rights. Refusal cases frequently turn on whether required procedures were followed, including the reading of rights, timing, and compliance with statutory safeguards. These cases are technical and fact specific.

Can you be convicted of DWI in North Carolina with prescription medication?

Driving While Impaired in North Carolina is not limited to alcohol or illegal drugs. Lawfully prescribed medications and over-the-counter drugs can form the basis of DWI charges if the State proves appreciable impairment of your mental or physical faculties. The legal question is not whether the medication was legally prescribed but rather whether it impaired your faculties to a noticeable, appreciable extent. DUI cases involving prescription medications typically turn on officer observations rather than numerical chemical thresholds. Dosage, timing, medical purpose, side effects, and alternative explanations for observed behavior can all be relevant when the case is evaluated in court.

Is marijuana treated the same as alcohol in a North Carolina DWI case?

Marijuana impairment cases follow different legal and scientific rules than alcohol cases. There is no universally accepted number that proves cannabis impairment. In impaired driving investigations involving substances other than alcohol, law enforcement may rely on Drug Recognition Expert (DRE) opinions, officer observations, and blood testing. Marijuana DWI cases raise serious questions about timing, metabolites, and whether the substance detected actually caused impairment at the time of driving. Cannabis DWI prosecutions are misunderstood and deserve careful legal analysis.

Do field sobriety tests prove that I was drunk?

Field sobriety tests do not measure intoxication and are not pass-fail exams. They are divided attention tasks used by officers to form opinions regarding probable cause for arrest and appreciable impairment of mental or physical faculties. Performance of SFSTs - Standardized Field Sobriety Tests can be affected by fatigue, stress, injury, uneven surfaces, footwear, and certain medical conditions. You are not legally required to perform field sobriety tests. Proper instructions, demonstration and administration of SFSTs can matter when determining whether they are reliable indicators of impairment or admissible in court.

Can my OBX DWI be reduced or dismissed?

Whether an OBX DWI charge can be reduced or dismissed depends on the strength of the State’s admissible evidence and compliance with the law, not the allegation made at the time of arrest. Legal issues involving the traffic stop, the basis for the arrest, compliance with testing statutes and administrative rules, or violations of constitutional protections may limit or exclude evidence the State seeks to use. North Carolina does not treat DWI as a negotiable traffic offense, but recognized legal defenses exist. A solid defense strategy focuses on what the State can actually prove in court, using evidence that survives legal challenge.

What should family members know right after a DWI arrest in the Outer Banks?

A DWI arrest begins a legal process. It is not a determination of guilt. Understanding what happens when you get arrested for impaired driving is important to understand. In the hours and days that follow, several tracks may move at the same time, including release conditions, initial court scheduling, and immediate action by the North Carolina DMV. Those early steps can affect driving privileges and case posture before any evidence is tested in court. Understanding what actions occur automatically, what deadlines apply, and what decisions can wait matters. Legal guidance at the outset helps families distinguish between what is urgent, what is procedural, and what has no lasting significance to the outcome of the case.

Is a first offense DWI serious in North Carolina?

A first offense DWI in North Carolina is a criminal charge that carries the potential for real consequences. If you’re convicted, punishment depends on a series of factors that are considered by the Court (the Judge) in imposing judgment. That does not include just your prior record. Possible outcomes for a DWI charge include jail time (in certain circumstances), license suspension, increased insurance premiums, and a permanent criminal record. Calling it a “first offense” does not make it minor. A clean record by no means should be considered a basis for a dismissal of your DWI charge.

Is DUI a felony or misdemeanor in North Carolina?

Outer Banks DUI defense graphic showing “OBX DUI” illuminated on a coastal highway at dusk, representing North Carolina DWI charges and criminal defense representation in the OBX by attorney Danny Glover Jr. Driving While Impaired in North Carolina is generally charged as a misdemeanor, but the classification depends on what occurred as a result of the impaired driving and the defendant’s prior history of DWI convictions within a statutorily defined time frame. Habitual Impaired Driving is a felony offense in North Carolina and is based on three or more prior convictions for impaired driving within ten years of the date of the current offense. Impaired driving that is a proximate cause of death or serious injury may also support felony charges, including Felony Death by Vehicle or Felony Serious Injury by Vehicle.

How long is your license revoked if you’re convicted of DUI in North Carolina?

A conviction for Driving While Impaired in North Carolina results in a mandatory driver’s license revocation imposed by the NCDMV, separate from any court sentence. For a first DWI conviction, the revocation period is one year. A second DWI conviction, when the offense dates are within three years of one another, results in a four-year revocation. A third DWI conviction, when two prior offenses occurred within five years of the current offense, results in a permanent revocation. These revocation periods are statutory and are based on conviction history, not sentencing level.

Is there deferred prosecution or deferred dispositions for DUI charges in North Carolina?

North Carolina does not offer deferred prosecution or deferred dispositions for a standard Driving While Impaired charge under N.C.G.S. 20-138.1 the way some states handle first-time DUI cases. The general deferred prosecution statute, N.C.G.S. 15A-1341(a1), expressly makes an impaired driving charge under N.C.G.S. 20-138.1 ineligible. That does not mean a DWI case cannot end in a dismissal or a more favorable resolution. It means the “diversion-style” outcome some people are searching for is not available as a formal deferred prosecution or conditional discharge mechanism for a 20-138.1 charge. The case still rises or falls on the State’s admissible evidence, the legality of the stop and arrest, and compliance with testing procedures.

Why Careful Attention to Detail Matters in DUI DUI charges in North Carolina can be incredibly complex at times. The consequences of a conviction may also be devastating, involving the possibility…
Habitual Driving While Impaired North Carolina DWI laws allow for felony DWI charges pursuant to N.C.G.S. 20-138.5. That is often referred to as "habitual driving while impaired."…
The Alcohol Breathalyzer Test: Know Your Rights In North Carolina, driving while intoxicated (DWI), is considered a very serious offense! Based on information such as if you have been charged…

★★★★★

"I highly recommend working with Glover Law Firm. I live outside of the state and had a traffic citation in NC that would have required me to return to the state for court. Glover Law Firm was able to represent me for my court date such that I did not need to appear, and they facilitated a very positive outcome for me. I felt that the fee I paid Glover for their services was completely fair and reasonable for the time and money I saved." Bondwc WC.

"Danny Glover is the most meticulous and detailed lawyer I know. As a DWI Services provider in NC, I've had nothing but the best feedback from my clients about his legal services. If you want to feel like you matter but also get professional legal services, Danny is your go to." Anna Coker

"I hired Danny Glover to represent my daughter in a traffic violation. He did an amazing job at handling her situation quickly. I can't say enough about the way he generally care for his clients. If I ever need legal help or advice again, Danny Glover is who I would call." Leigh H.

"I have used Danny Glover on numerous SERIOUS felony charges and also traffic misdemeanor charges for the last 15 years. He has beat or gotten every single charge I've had reduced or dismissed the man is a beast! Top Notch!" Shane Howard

"Danny Glover is by far the best lawyer that I have had represent me. I can only give 5 stars but he deserves more than that. His staff was extremely personable and professional. If you have a traffic citation in an area covered by Mr. Glover, you would be a fool not to hire him and his staff to represent you." Sean M.

Submit a Law Firm Client Review