## What happens after a first-offense DWI in North Carolina? In North Carolina, the legal BAC limit is **0.08**. Drivers under 21 are subject to a near-zero limit. Commercial drivers are limited to 0.04. If you're charged with a first DWI, here's the framework. **Worth knowing about North Carolina:** North Carolina is unique: judges sentence DWI under a 5-level grid (Aggravated Level 1 to Level 5) based on aggravating and mitigating factors found at sentencing. ### Classification Misdemeanor. ### Jail 24 hours to 24 months — depends on which of NC's 5 sentencing levels applies (driven by aggravating and mitigating factors). ### License suspension 1 year (limited driving privilege available after 10 days). ### Ignition interlock device (IID) Required if BAC 0.15+. ## What aggravators do The framework above describes a basic, no-aggravator first offense. The penalties get worse — fast — when any of these are present: - **High BAC** — most states pile on extra mandatory jail and IID time once BAC crosses 0.15 or 0.20 - **Child in the vehicle** — many states elevate the charge or add mandatory jail - **Accident, especially with injury** — can convert a misdemeanor into a felony - **Refusing the breath/blood test** — usually triggers a longer license suspension on its own, separate from the criminal case ## You're fighting two cases, not one A DUI/DWI arrest sets two parallel processes in motion: 1. **The criminal case** — where the prosecutor has to prove you were impaired beyond a reasonable doubt. 2. **The administrative license case** — handled by the state DMV/MVD, with a much lower burden of proof and a tight deadline (often 7–30 days from arrest) to request a hearing or you lose your license by default. Missing the administrative deadline is one of the most common, costly mistakes. Talk to a lawyer immediately, not after your court date. ## Diversion, deferred adjudication, and pretrial alternatives Many states (and many local prosecutors in North Carolina) offer first-offense alternatives — diversion, deferred judgment, ARD, 24D, treatment programs — that can avoid a permanent conviction. Eligibility is fact-specific (BAC, driving history, accident, refusal). A local DUI defense attorney will know what your county's prosecutor offers. ## What you should do Don't plead guilty at your first appearance without talking to a lawyer. DWI cases have technical defenses (calibration of the breath device, traffic-stop legality, blood-draw chain of custody, field-sobriety test administration) that can change the outcome. Most North Carolina DUI defense attorneys offer free consultations. --- *This guide is general information about North Carolina DWI law as of early 2026 and is not legal advice. Penalties shift, prosecutors have discretion, and your specific facts will change the analysis. Talk to a licensed North Carolina criminal-defense attorney about your case before making decisions.*