DUI and DWI in North Carolina
In North Carolina, DUI (Driving Under the Influence) and DWI (Driving While Impaired) refer to the criminal offense of operating a vehicle while impaired by alcohol, drugs, or a combination of both. Under state law, there is no practical difference between DUI and DWI — both terms describe the same charge and carry the same legal consequences.
A driver may be charged with DWI if:​​
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Their blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, and any detectable amount for drivers under 21).
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They are impaired by drugs (prescription, over-the-counter, or illegal substances).
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Law enforcement determines they are “appreciably impaired” even if their BAC is below the legal limit.
Penalties for DWI in North Carolina
DWI penalties are determined by the severity of the offense and can include:
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License suspension or revocation
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Fines and court costs
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Community service or jail time
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Mandatory substance abuse assessment and treatment
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Increased insurance rates
Repeat offenses, accidents, or aggravating factors (such as having a minor in the car) can lead to harsher sentencing under North Carolina’s five-level DWI punishment system (Level 1 being the most severe).
Why Legal Representation Matters
A DWI charge in North Carolina can have serious, long-lasting consequences for your license, your record, and your livelihood. An experienced DWI defense attorney can evaluate the circumstances of your arrest, challenge the evidence, and help protect your rights throughout the legal process.
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Don’t trust your ticket to a large firm where your case may be passed down to a less experienced attorney. At Poteet Law Firm, your case will be handled personally by Matthew Poteet, an attorney with over 30 years of experience in North Carolina traffic law.