North Carolina DUI Laws and Penalties

North Carolina laws prohibit operating a motor vehicle while under the influence of alcohol or drugs. Under North Carolina law, drunk driving is considered gross negligence. This means that a person injured in an accident involving a drunk driver may pursue compensation from them even if the victim is partly to blame for the collision. 

Are Drunk Driving Accidents Common in North Carolina?

According to the Foundation for Advancing Alcohol Responsibility, nearly 24 percent of all traffic fatalities in North Carolina in one recent year occurred in drunk driving accidents. Drunk driving fatalities occurred at a rate of 3.1 per 100,000 population. A quarter of drunk drivers with a blood alcohol content (BAC) of 0.08 to 0.14 involved in fatal crashes had prior DUI offenses. Meanwhile, three-quarters of drunk drivers with a BAC of 0.15 or more had prior DUI offenses.

At What Blood Alcohol Level Is a Driver Considered to Be DUI?

Under North Carolina’s DUI statute, a driver may face a DUI charge when they have a BAC of 0.08 percent or more, determined by a breath or blood test. However, the legal limit while driving a commercial vehicle lowers to 0.04 percent.

What Is North Carolina’s Zero Tolerance Law?

North Carolina also has a “zero tolerance” policy for drivers under 21. A motorist under 21 may face a DUI charge if they have any detectable alcohol or drugs in their system. Under the zero-tolerance law, an underage driver who has alcohol in their system will receive an automatic 30-day pretrial revocation of their driver’s license. Because underage drivers cannot have any alcohol in their system, the state can convict the driver if the arresting officer smells alcohol on the driver’s breath – even if they refuse a breath or blood test.

What Penalties Can a Drunk Driver Face in North Carolina?

North Carolina has five penalty levels for DUI. Penalties for a DUI conviction in North Carolina vary depending on the aggravating and mitigating factors. Mitigating factors in a DUI case may include having a low BAC, intoxication by a prescribed drug, or evidence of safe driving behaviors. Aggravating factors include having a BAC of 0.15 or more, reckless driving, causing an accident, passing a school bus, or evading law enforcement. North Carolina also recognizes “gross” aggravating factors, such as causing severe injuries, driving with a license revoked for DUI, driving with a minor passenger, or having a prior DUI conviction within the past seven years.

Penalties for DUI include:

• Level 5: 24 hours to 60 days in jail and a fine of up to $200
• Level 4: 48 hours to 120 days in jail and a fine of up to $500
• Level 3: 72 hours to 6 months in jail and a fine of up to $1,000
• Level 2: 7 days to 12 months in jail and a fine of up to $2,000
• Level 1: 30 days to 24 months in jail and a fine of up to $4,000

Can I Sue the Drunk Driver for My Injuries?

As an at-fault state for car accidents, North Carolina law allows victims to sue drivers for injuries and losses sustained due to drunk driving accidents. Even if you cannot prove that a driving error by the drunk driver caused the accident, you might still hold them liable for the crash under a theory of negligence per se, or negligence from breaking the law.

Can I Sue the Drunk Driver If I Was a Passenger in Their Car?

A passenger in a drunk driver’s car may also have a claim against the driver if they suffer injuries in a crash caused by the driver. However, North Carolina still follows the old contributory negligence rule, which bars individuals from pursuing compensation for injuries they partially caused. The rule might apply to your case if you knew the driver was impaired and still chose to ride with them.

Can I Sue the Bar or Restaurant Who Served the Driver Alcohol?

North Carolina’s dram shop law makes it illegal for a bar, restaurant, or other business to knowingly sell or give alcoholic beverages to an intoxicated person or a minor. An establishment that serves alcohol to a visibly intoxicated person or minor may face liability for injuries and property damage the person causes while driving under the influence of alcohol. In some cases, a social host may also be held responsible for resulting damages.

What Damages Can I Receive from a Drunk Driving Accident Claim?

In a drunk driving accident claim, you may have the right to recover compensation for financial and personal losses you incur due to the crash, including for:

• Medical treatment and rehabilitation expenses
• Costs of long-term care or support for disabilities
• Ongoing and future losses of income and job benefits
• Physical pain and emotional suffering
• Loss of quality of life due to disabilities or permanent disfigurement
• Costs of car repairs or reimbursement for your car’s value if totaled in the accident

You may also be entitled to punitive damages through a drunk driving accident lawsuit. These damages are intended to punish the at-fault driver, not compensate you for specific losses you have suffered. There is no cap on punitive damages in drunk driving cases.

How Long Do I Have to File a Drunk Driver Accident Lawsuit in North Carolina?

Under North Carolina’s statute of limitations on injury claims, victims typically have three years to file a lawsuit against a drunk driver or other liable parties. Filing a suit after the deadline means risking your right to obtain financial recovery in civil court.

Contact a North Carolina Drunk Driving Accident Lawyer

If you were hurt in a car accident caused by a drunk driver, get legal help to pursue accountability from the driver and other responsible parties. Contact The Law Offices of John Drew Warlick, P.A. today for a free, no-obligation consultation with an experienced North Carolina drunk driving accident lawyer to discuss your legal options for financial recovery.

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