The Difference Between DUI and DWI in North Carolina

You’ve probably heard the terms DUI and DWI tossed around, but in North Carolina, they’re not quite the same. Here, the law is clear: Driving While Impaired (DWI) covers all impaired driving offenses, whether the impairment comes from alcohol, drugs, or a mix of both.

North Carolina’s Safe Roads Act brought these terms together under DWI, aiming to simplify the charges and clarify what it means to drive while impaired. If you’re facing charges, knowing how DWI accusations work in NC matters when defending your actions.

Let’s break it down so you know exactly where the law stands and what it means for you.

DWI Meaning in North Carolina: What You Need to Know

When you’re dealing with a DWI in North Carolina, you’re facing specific laws that don’t always align with terms used in other states, such as DUI. North Carolina makes it clear by using the term “Driving While Impaired” (DWI) to cover all types of impaired driving offenses.

Let’s dive into what DWI really means and what penalties might come your way if you’re charged with DWI.

What Does “Driving While Impaired” Mean?

In North Carolina, DWI is an umbrella term for any impairment that affects your ability to drive a motor vehicle safely. Unlike other states that differentiate between “Driving Under the Influence” (DUI) and “Driving While Intoxicated” (DWI), North Carolina’s DWI charge includes impairment from alcohol, drugs (including prescription drugs), or any controlled substance.

This comprehensive approach means that whether you’re arrested for driving drunk, using other drugs, or a mix of both, it all falls under DWI here.

Legal Limits and Blood Alcohol Concentration (BAC)

One of the most critical aspects of a DWI charge is the blood alcohol concentration (BAC) limit. In North Carolina, the legal limit for drunk driving charges is set at 0.08% for drivers over 21. If your BAC is over this threshold, you’re considered legally impaired, and a DWI charge may follow.

But keep in mind, if you’re under 21, any detectable alcohol can lead to charges due to North Carolina’s zero-tolerance policy. For commercial drivers, the threshold is even lower at 0.04%.

This strict drunk driving approach means you can face charges for drunk driving offenses based on BAC alone, even if you don’t feel noticeably impaired.

Impairment Beyond Alcohol

DWI in North Carolina isn’t limited to alcohol impairment. If you’re driving under the influence of drugs, you could face DWI charges. The drugs that can bring a DWI charge are many and include:

Prescription medications
Over-the-counter medications
Illegal substances

North Carolina law doesn’t differentiate between “drunk driving” and “drugged driving,” and both fall under DWI.

This means that any substance affecting your reaction time, focus, or motor skills could lead to a DWI if you’re behind the wheel. The same law applies if you’re operating any type of motorized vehicle, not just cars.

If you or a loved one is facing DWI charges, contact Scharff Law today for a FREE consultation. We review your case, discuss your options, and help you move forward with confidence.

Call us now at (919) 457-1954 to get the support you need.

Types of DWI Charges: DWI Per Se vs. DWI By Impairment

There’s a difference between being charged based on a specific blood alcohol content (BAC) and being charged based on how you were driving.

DWI Per Se: This type of charge happens when your BAC is measured at or above the legal limit of 0.08%, regardless of how visibly impaired you may or may not seem. Even if you believe you’re driving safely, a BAC over 0.08% is enough for a DWI per se charge in North Carolina. In this case, the prosecutor doesn’t need to prove visible impairment since the BAC level alone meets the legal criteria for a DWI.
DWI By Impairment: This charge is based on whether your ability to drive was affected by alcohol or other substances, even if your BAC is below 0.08%. In these cases, the prosecutor may present evidence of erratic driving, slurred speech, or failed field sobriety tests to show that you were too impaired to operate a motor vehicle safely. This charge addresses situations where substance use impairs your driving, even if you don’t meet the BAC threshold.

What Counts as a “Vehicle” Under DWI Laws?

Many people think DWI laws only apply to traditional cars, but North Carolina’s definition is broader.

Motorized and Non-Motorized Vehicles: North Carolina’s DWI laws cover motorized vehicles like cars and trucks, but they also include scooters, bicycles, golf carts, and even lawnmowers if you’re on public property. Any vehicle on which you can ride and operate in public spaces falls under these laws. So, if you’re driving a golf cart after a few drinks, you could face a DWI.
Borrowed or Rented Vehicles: It also doesn’t matter who owns the vehicle. If you’re driving a friend’s car or even a rental, you’re still accountable under North Carolina’s DWI laws if you’re impaired.

Consequences of a DWI Conviction

If you’re convicted of DWI in North Carolina, the consequences can be life-changing. Penalties for a DWI conviction include fines, potential jail time, community service, and the possibility of a driver’s license suspension.

For first-time offenders, the penalties may vary, but even a single DWI conviction can lead to insurance rate hikes, license restrictions, and a record that could follow you for years. High-risk drivers with multiple DWI charges may face stricter penalties, including extended jail time and significant monetary fines.

Here are some penalties you may face:

License Suspension: For a first offense, your driver’s license could be suspended for one year. If it’s a second offense, you’re looking at a four-year suspension. Three or more convictions may result in a permanent revocation of driving privileges.
Fines and Court Costs: A DWI conviction often brings hefty court costs and fines, which can amount to thousands of dollars.
Jail Time and Community Service: Depending on the severity of the case, you may face jail time or be required to complete community service.
Insurance Penalties: A DWI conviction typically categorizes you as a high-risk driver, which can significantly increase your car insurance premiums. An insurance company may even choose to cancel your coverage entirely, depending on the situation.

Protecting Your Driving Privileges

A DWI conviction can lead to license suspension, making it challenging to maintain your daily routines and responsibilities. To protect your driving privileges, you need legal guidance to navigate the complex DWI laws in North Carolina. An attorney can help you understand the charges, explore options for minimizing penalties, and work towards restoring your license when possible.

Understanding DWI in North Carolina is crucial for protecting your rights and knowing your options if you’re ever faced with these charges.

What To Do If You’re Charged with DWI in North Carolina

A DWI conviction can impact your life for years, affecting everything from your ability to drive to your finances. With no possibility of expunging a DWI from your record, facing these charges alone isn’t advisable. Having an attorney by your side can help you understand your rights, explore defense options, and work toward the best possible outcome.

If you or someone you know is facing DWI charges, getting in touch with a law firm for a free consultation may be a crucial step in navigating this challenging situation.

Scharff Law: Experienced DWI Lawyer in the Triangle

When you’re facing DWI charges in North Carolina, having someone in your corner who understands the complexities of the law is crucial. At Scharff Law, we know what it takes to defend against DWI charges and to protect your rights.

Our team is here to help guide you through each step of the process so you’re never left navigating it alone. Here’s how we work with you to build a strong defense and what you can expect when you partner with us.

Understanding Your Charges and Building a Defense

Facing a DWI charge can feel overwhelming. You’re not only worried about your license but also about the potential penalties and how this could impact your future.

At Scharff Law, we start by helping you fully understand the charges against you. We walk you through each element of your case, from the BAC reading to the details of your stop and arrest. Every piece of information is important, and we dig deep to find any possible defenses that can make a difference in your case.

Whether it’s challenging the validity of a field sobriety test, examining the evidence for DWI by impairment, or looking for procedural errors, our goal is to defend your rights at every turn. Our team understands that every DWI case is unique, and we treat it that way—tailoring our approach to suit the specifics of your situation.

Protecting Your Future After a DWI Charge

A DWI conviction can lead to lasting consequences, from license suspension to fines and even jail time. You might also face higher insurance premiums and other penalties that affect your daily life.

At Scharff Law, we know that protecting your future means more than just handling the immediate charges—it’s about helping you rebuild afterward. We can discuss options that may reduce your penalties, protect your driving privileges, and minimize the long-term impact of a DWI on your record.

Personalized Support Every Step of the Way

At Scharff Law, we believe in giving you the personalized support and attention you deserve. Facing a DWI charge is a challenging experience, and you shouldn’t have to go through it alone.

We’re here to answer your questions, explain the details, and ensure you understand your options at each stage. When you work with us, you’re not just hiring a lawyer; you’re gaining a partner who genuinely cares about your future.