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North Carolina DUI Penalties

Implied Consent Laws

Laws demand drivers alleged of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Denial carries penalties that can include obligatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In North Carolina, any driver with a blood-alcohol absorption - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” centre of attention on drivers not of legal drinking age. In North Carolina, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more stern punishment for those convicted of DUI with a particularly high blood-alcohol content at the moment of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in North Carolina.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties forced on drivers with a blood-alcohol concentration above North Carolina’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In North Carolina, for the former DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The sentence of vehicle confiscation for DUI conviction – either enduringly or temporarily - is a option in some states, typically for repeat offenders. This is not a penalty option in North Carolina.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a prospect in some states, this is not an choice in North Carolina.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol schooling and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug dependency can be required for DUI offenders in North Carolina. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

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