What statute defines DWI in North Carolina?

N.C. Gen. Stat. § 20-138.1 is the controlling DWI statute in North Carolina. You can read the current text on the official code site at ncleg.gov.

What is the North Carolina implied-consent law?

N.C. Gen. Stat. § 20-16.2 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.

North Carolina DUI Statutes: The Code Sections That Control Your Case

The statutes that control North Carolina DWI cases

DWI in North Carolina is defined by N.C. Gen. Stat. § 20-138.1, and the chemical-testing rules sit in N.C. Gen. Stat. § 20-16.2. Both are published in the official state code at ncleg.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

North Carolina official code — DWI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

North Carolina DWI law at a glance

Sourced from the North Carolina code and state agency sites. Verify current text before relying on it.

Offense name: DWI (North Carolina)
Controlling statute: N.C. Gen. Stat. § 20-138.1
Implied consent: N.C. Gen. Stat. § 20-16.2
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Licence hearing deadline: 10 days after arrest
Prior-offense lookback: 7 years
First-offense fine: up to $200
First-offense jail exposure: up to 2 months
Licence suspension: 30 days
Ignition interlock: Not automatic on a first offense
Trial court: the District Court
High-risk filing: SR-22 for 3 years

Sentencing runs on levels; a Level 5 first offense is the lightest tier.

First-offense exposure under N.C. Gen. Stat. § 20-138.1: up to $200, up to 2 months of jail exposure, and a 30 days licence suspension. Sentencing runs on levels; a Level 5 first offense is the lightest tier.

What N.C. Gen. Stat. § 20-138.1 actually says

G.S. 20-138.1(a)(1) — driving a vehicle while under the influence of an impairing substance.
G.S. 20-138.1(a)(2) — driving with an alcohol concentration of 0.08 or more at any relevant time after driving.
G.S. 20-138.1(a)(3) — driving with any amount of a Schedule I controlled substance in the blood or urine.
G.S. 20-17.8(a) — interlock requirements for restoration after a qualifying DWI conviction.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on ncleg.gov carries an effective date — amendments passed after it are not yet reflected.

Other North Carolina sections that control the case

G.S. 20-17.8

Interlock requirements for licence restoration.

G.S. 20-16.2

Implied consent and civil licence revocation.

North Carolina ZIP codes covered

These North Carolina ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all North Carolina ZIP codes.

Counties and cities using these North Carolina resources

Other North Carolina official resources

North Carolina DUI Courts: Where Your Case Is Heard North Carolina Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DWI in North Carolina?: N.C. Gen. Stat. § 20-138.1 is the controlling DWI statute in North Carolina. You can read the current text on the official code site at ncleg.gov.
What is the North Carolina implied-consent law?: N.C. Gen. Stat. § 20-16.2 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.