DWI vs. DUI in North Carolina: What's the Difference?

If you've been charged with drunk driving in North Carolina, you may have heard the terms DUI and DWI used interchangeably. But are they actually the same thing?

The short answer is yes, when referring to the common offense of impaired driving in North Carolina. While DUI stands for Driving Under the Influence and DWI stands for Driving While Impaired, North Carolina officially uses the term DWI under N.C. General Statute § 20-138.1.

Whether someone calls it a DUI or DWI, an impaired driving charge in North Carolina can have serious consequences, including driver's license revocation, fines, increased insurance costs, and potential jail time.

At Jetton & Meredith, PLLC, our criminal defense attorneys represent individuals charged with DWI throughout Charlotte, Mecklenburg County, Union County, Cabarrus County, Gaston County, and Iredell County. Understanding the law and your rights is an important first step toward protecting your future.

What Is the Difference Between DUI and DWI in North Carolina?

Although many states distinguish between DUI and DWI, North Carolina generally does not recognize them as two separate criminal offenses.

Here's what the terms mean:

• DUI (Driving Under the Influence): A term commonly used in other states to describe operating a vehicle while under the influence of alcohol or drugs.

• DWI (Driving While Impaired): The official legal term North Carolina uses for the offense of operating a vehicle while impaired by alcohol, drugs, or another impairing substance.

In 1983, North Carolina adopted the Safe Roads Act, consolidating its previous drunk driving laws into a single offense known as Driving While Impaired.

Today, whether you search for a "DUI lawyer in Charlotte" or a "DWI attorney in North Carolina," you're generally referring to the same type of criminal defense representation.

The important distinction isn't what you call the charge. It's what prosecutors must prove and what consequences you could face.

What Qualifies as a DWI in North Carolina?

Under N.C.G.S. § 20-138.1, a person can be charged with DWI for driving on a highway, street, or public vehicular area under any of the following circumstances:

1. Driving while impaired by alcohol or drugs. A driver is under the influence of an impairing substance.

2. Having an alcohol concentration of 0.08 or higher. A qualifying chemical test shows an alcohol concentration at or above the legal threshold at a relevant time after driving.

3. Having a Schedule I controlled substance in their system. The driver's blood or urine contains any amount of a Schedule I controlled substance or its metabolites, as specified by the statute.

One of the biggest misconceptions about North Carolina DWI laws is that your blood alcohol concentration (BAC) must be 0.08 or higher for you to be charged.

That's not true.

A driver can face DWI charges even with a BAC below 0.08 if the prosecution can establish that the driver was under the influence of an impairing substance.

For example, someone who registers a BAC of 0.06 could still be charged with DWI if other evidence supports a finding of impairment.

Can You Get a DWI for Prescription Medication or Marijuana in North Carolina?

Yes. A DWI charge doesn't necessarily involve alcohol.

North Carolina's impaired driving laws also apply to drivers whose ability to operate a vehicle is affected by drugs or other impairing substances.

This can include:

• Marijuana and THC-containing products

• Prescription pain medications

• Certain anxiety or sleep medications

• Illegal controlled substances

• Combinations of alcohol and medication

Even if a medication was legally prescribed, that does not automatically protect someone from a DWI charge.

However, the presence of a medication in someone's system does not always establish impairment. The applicable law, substance involved, testing evidence, and circumstances of the traffic stop can all play an important role.

An experienced North Carolina DWI defense attorney can examine whether the evidence actually supports the allegations.

What Is the Legal Alcohol Limit in North Carolina?

North Carolina has different alcohol-related rules depending on the driver's age and the type of vehicle being operated.

Drivers under 21 can face charges under N.C.G.S. § 20-138.3 for driving with alcohol remaining in their system, even if they are not impaired under the general DWI statute.

Importantly, these thresholds do not mean that driving below the applicable limit is always legal. A driver can still face charges when sufficient evidence of impairment exists.

What Are the Penalties for a DWI in North Carolina?

A DWI conviction in North Carolina can carry consequences that extend well beyond a fine.

Unlike many other misdemeanor offenses, North Carolina uses a separate sentencing system for impaired driving convictions under N.C.G.S. § 20-179.

DWI sentencing includes six punishment levels:

• Level 5: The least severe of the standard DWI punishment levels.

• Level 4: May involve increased penalties depending on the circumstances.

• Level 3: Can carry more substantial fines and potential jail time.

• Level 2: Generally applies when certain grossly aggravating factors are present.

• Level 1: Involves more serious sentencing circumstances.

• Aggravated Level 1: The most severe misdemeanor DWI punishment level, generally involving multiple grossly aggravating factors.

The punishment level depends on aggravating, grossly aggravating, and mitigating factors established in the case.

Depending on the circumstances, penalties may include jail time, probation, fines, community service, substance abuse assessments, treatment requirements, and driver's license restrictions.

A DWI conviction can also affect employment, professional licensing, and other aspects of everyday life.

Can a DWI Be a Felony in North Carolina?

Yes. Although most DWI charges are misdemeanors, certain circumstances can result in felony charges.

For example, under N.C.G.S. § 20-138.5, a person who commits an impaired driving offense after accumulating three or more qualifying prior impaired driving convictions within 10 years may face a Class F felony charge for habitual impaired driving.

Impaired driving incidents involving serious injury or death may also result in separate felony charges.

These cases can carry significantly more severe consequences.

Will You Lose Your License After a DWI Arrest in North Carolina?

You could lose your driving privileges before your criminal case is resolved.

Under North Carolina law, certain DWI arrests can trigger an immediate 30-day civil driver's license revocation, including situations involving qualifying alcohol test results or a willful refusal to submit to required chemical testing.

A DWI conviction can also result in additional driver's license revocation.

According to the North Carolina Division of Motor Vehicles, a first DWI conviction generally carries a one-year license revocation, although the consequences and eligibility for limited driving privileges depend on the driver's circumstances.

For many people, losing the ability to drive can create immediate challenges with work, childcare, and everyday responsibilities.

An attorney can help evaluate whether you qualify for a limited driving privilege and whether there are grounds to challenge a revocation.

Can You Refuse a Breathalyzer Test in North Carolina?

North Carolina has an implied-consent law, which means that drivers lawfully charged with certain impaired driving offenses may be required to submit to chemical testing.

Under N.C.G.S. § 20-16.2, a willful refusal to submit to required chemical analysis can result in a separate one-year driver's license revocation.

This consequence can apply even if the underlying DWI charge does not result in a conviction.

However, there is an important legal distinction between roadside alcohol screening tests and evidentiary chemical testing requested under North Carolina's implied-consent procedures.

The consequences of refusing a test depend on the type of test requested and the circumstances surrounding the request.

If you've refused a breath or blood test, speaking with a DWI defense attorney promptly can help you understand your options.

Can a DWI Charge Be Dismissed in North Carolina?

Yes. A DWI charge can be dismissed when the facts and applicable law support dismissal, but dismissal is never guaranteed.

Being arrested for DWI does not automatically mean the prosecution can prove its case beyond a reasonable doubt.

Depending on the circumstances, a criminal defense attorney may examine:

The legality of the traffic stop: Did law enforcement have a lawful reason to stop your vehicle?

The arrest: Did the officer have probable cause to arrest you for impaired driving?

Field sobriety testing: Were the tests administered appropriately, and were other factors that could affect performance considered?

Breath or blood testing: Were the equipment, testing procedures, and collection methods compliant with applicable requirements?

The prosecution's evidence: Does the evidence actually establish impairment or another statutory basis for conviction?

Every DWI case is different. An attorney's role is to investigate the evidence, identify potential legal defenses, and develop a strategy based on the circumstances of the case.

Why Hire a DWI Defense Attorney in Charlotte, NC?

A DWI arrest can affect your driver's license, criminal record, finances, and future opportunities. Having an attorney who understands North Carolina's impaired driving laws and local court procedures can make a meaningful difference in how your case is handled.

At Jetton & Meredith, PLLC, our criminal defense team represents clients facing DWI charges throughout the greater Charlotte area.

Led by founding attorney Mark Jetton, our team includes attorneys with substantial criminal courtroom experience, including former prosecutors who understand how the State investigates and builds criminal cases.

Attorney Michael Fanous, a former Mecklenburg County Assistant District Attorney, brings firsthand prosecutorial experience to defending clients in Mecklenburg and Union counties.

Attorney Shaefer Shepard brings extensive courtroom experience and knowledge of the legal communities in Cabarrus and Iredell counties.

Our defense team examines the circumstances surrounding each arrest, reviews the evidence, and works to identify potential weaknesses in the prosecution's case.

Whether you're facing your first DWI charge or have previous impaired driving convictions, our goal is to protect your rights and pursue the best possible outcome based on the facts of your case.

Frequently Asked Questions About DUI and DWI in North Carolina

Is a DUI worse than a DWI in North Carolina?

No. North Carolina generally uses DWI as its official legal term for impaired driving. DUI and DWI do not represent separate levels of severity under the state's general impaired driving law.

Can you get a DWI after only one drink?

Yes. There is no minimum number of drinks required for a DWI charge. The relevant question is whether the prosecution can establish impairment or another basis for conviction under North Carolina law.

Is a first-time DWI a misdemeanor in NC?

Generally, yes. A standard first-time DWI under N.C.G.S. § 20-138.1 is a misdemeanor. However, penalties vary based on the circumstances and applicable sentencing factors.

Can you get a DWI without failing a breathalyzer?

Yes. Prosecutors may rely on evidence other than a breath test, including officer observations, driving behavior, field sobriety tests, and other admissible evidence.

Can a DWI be expunged in North Carolina?

A DWI conviction under N.C.G.S. § 20-138.1 generally is not eligible for expunction under North Carolina's ordinary expunction provisions. However, a dismissed charge may qualify for expunction depending on the circumstances and applicable law.

Do I need a lawyer for my first DWI in North Carolina?

Although you are not always required to hire an attorney, even a first DWI charge can carry serious penalties. A defense attorney can explain the legal process, evaluate the evidence, and help you understand your options.

Charged With DWI in Charlotte or the Surrounding Counties? Contact Jetton & Meredith.

Whether you've been searching for a DUI lawyer or a DWI attorney in North Carolina, the most important thing to understand is that impaired driving charges should be taken seriously.

At Jetton & Meredith, PLLC, our criminal defense attorneys represent clients throughout Mecklenburg, Union, Cabarrus, Gaston, and Iredell counties, including Charlotte, Concord, Monroe, Waxhaw, and surrounding communities.

We understand the impact a DWI charge can have on your life, and we're committed to helping you understand your rights and legal options.

Contact Jetton & Meredith to schedule a consultation with our criminal defense team.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. The outcome of any criminal case depends on its specific facts and circumstances.