North Carolina Driving While Impaired Laws

  • G.S. 122C-142.1 - Guidelines for substance abuse services for those convicted of driving while impaired or driving under 21 after consuming alcohol or drugs.
  • G.S. 20-12.1 - Prohibits impairment by those who are supervising a person learning how to drive.
  • G.S. 20-16.2 - Establishes the implied-consent framework that requires a driver to provide a breath or blood sample if charged with a DWI or related offense.
  • G.S. 20-16.3 - Requires officers to administer a preliminary breath test (PBT) in certain circumstances.
  • G.S. 20-16.3A - Permits law enforcement agencies to establish checkpoints, road blocks and checking stations consistent with constitutional law.
  • G.S. 20-17.1 - Authorizes the Division of Motor Vehicles (DMV) Commissioner to suspend driving privileges if a person is adjudicated mentally incompetent, alcoholic, or a habitual drug user.
  • G.S. 20-17.6 - Restoration of a license after a conviction of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs.
  • G.S. 20-17.8 - Requires the installation of an interlock device in cases of gross impairment.
  • G.S. 20-19 - Establishes the length of the suspension period, and the conditions by which driving privileges are restored./li>
  • G.S. 20-28 - Punishes drivers who operate motor vehicles during periods of suspension or revocation.
  • G.S. 20-138.1 - Driving While Impaired criminal statute
  • G.S. 20-138.2 - Driving in a Commercial Vehicle with an alcohol concentration of .04 or greater
  • G.S. 20-138.2A - Restricts operation a commercial vehicle from consuming any alcohol.
  • G.S. 20-138.2B - Operating a school bus, school activity bus, or child care vehicle after consuming alcohol.
  • G.S 20-138.2C - Possession of alcoholic beverages while operating a commercial motor vehicle.
  • G.S. 20-138.3 - Driving by person less than 21 years old after consuming alcohol or drugs.
  • G.S. 20-138.4 - Requirement that prosecutor explain reduction or dismissal of charge involving impaired driving.
  • G.S. 20-138.5 - Habitual impaired driving.
  • G.S. 20-138.7 - Transporting an open container of alcoholic beverage.
  • G.S. 20-179 - Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments.