North Carolina DWI Laws & Penalties

This page sets out North Carolina DWI laws section by section. The statute calls drunk driving “impaired driving”. A first offense is a misdemeanor, and its jail time and fine depend on the sentencing level the judge finds.

Checked October 31, 2026 against the North Carolina General Assembly, General Statutes

North Carolina DWI laws: license loss by offense, jail and fines by sentencing level

North Carolina DWI penalties
Offense	Classification	Jail	Fine	License
1st	Misdemeanor	Set by sentencing level	Set by sentencing level G.S. 20-138.1(d), G.S. 20-179(c), (f) “Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.” “If there are no grossly aggravating factors in the case, the judge must weigh all aggravating and mitigating factors and impose punishment as required by subsection (f) of this section.”	1 year revocation; on getting the license back, a 0.04 alcohol limit for 3 years. Ignition interlock for 1 year if the BAC was 0.15 or more. A limited driving privilege is possible at Levels Three to Five. G.S. 20-19(c1), (c3)(1); G.S. 20-17.8(a)(1), (c)(1) “When a license is revoked under subdivision (2) of G.S. 20-17, and the period of revocation is not determined by subsection (d) or (e) of this section, the period of revocation is one year.” “(1) For the first restoration of a drivers license for a person convicted of driving while impaired, G.S. 20-138.1” “that the person not operate a vehicle with an alcohol concentration of 0.04 or more at any relevant time after the driving.” “(iii) three years in all other cases.” “(1) One year from the date of restoration if the original revocation period was one year.”
2nd	Misdemeanor	Set by sentencing level	Set by sentencing level G.S. 20-138.1(d), G.S. 20-179(c)(1), (d)(5) “Impaired driving as defined in this section is a misdemeanor.” “a. The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or” “or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.”	4 years if the earlier offense was within 3 years (conditional restoration possible after 2 years); otherwise 1 year. On restoration, a 0.00 alcohol limit for 3 years; interlock for 1 year (3 years after a 4-year revocation) if the earlier offense was within 7 years. G.S. 20-19(c1), (c3)(2), (d); G.S. 20-17.8(a)(2), (c)(1)-(2) “When a person's license is revoked under (i) G.S. 20-17(a)(2) and the person has another offense involving impaired driving for which the person has been convicted, which offense occurred within three years immediately preceding the date of the offense for which the person's license is being revoked” “the period of revocation is four years, and this period may be reduced only as provided in this section. The Division may conditionally restore the person's license after it has been revoked for at least two years under this subsection” “(2) For the second or subsequent restoration of a drivers license for a person convicted of driving while impaired, G.S. 20-138.1” “that the person not operate a vehicle with an alcohol concentration greater than 0.00 at any relevant time after the driving.” “(2) The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person's license has been revoked.” “(2) Three years from the date of restoration if the original revocation period was four years.”
3rd	Misdemeanor	Set by sentencing level	Set by sentencing level G.S. 20-138.1(d), G.S. 20-179(c), (c)(1) “Impaired driving as defined in this section is a misdemeanor.” “The judge must impose the Level One punishment under subsection (g) of this section if it is determined that the grossly aggravating factor in subdivision (4) of this subsection applies or two of the other grossly aggravating factors apply.” “Each prior conviction is a separate grossly aggravating factor.”	Permanent revocation if the person has two or more earlier DWI convictions and the latest offense was within 5 years. Conditional restoration possible after 3 years, or after 24 months with 12 months of monitored abstinence. Interlock for 7 years after restoration. G.S. 20-19(e), (e1), (e2), (e3); G.S. 20-17.8(c)(3) “When a person's license is revoked under (i) G.S. 20-17(a)(2) and the person has two or more previous offenses involving impaired driving for which the person has been convicted, and the most recent offense occurred within the five years immediately preceding the date of the offense for which the person's license is being revoked” “the revocation is permanent.” “the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least three years under subsection (e) if the person provides the Division with satisfactory proof of all of the following:” “the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least 24 months under G.S. 20-17(a)(2) if the person provides the Division with satisfactory proof of all of the following:” “(1) The person has not consumed any alcohol for the 12 months preceding the restoration while being monitored by a continuous alcohol monitoring device” “(3) Seven years from the date of restoration if the original revocation was a permanent revocation.”

North Carolina DWI sentencing levels

The judge sets the level from the aggravating and mitigating factors found at sentencing. Level A1 is the most severe.

North Carolina DWI punishment by level
Level	Jail	Fine	When it applies
Level A1	12 to 36 months; if suspended, at least 120 days must be served, then alcohol monitoring of at least 120 days on probation	up to $10,000	Three or more grossly aggravating factors. No parole; release 4 months before the maximum term with 4 months of supervised, monitored abstinence. An A1 sentence also makes the license revocation permanent. G.S. 20-179(c), (f3); G.S. 20-19(e) “The judge must impose the Aggravated Level One punishment under subsection (f3) of this section if it is determined that three or more grossly aggravating factors apply.” “A defendant subject to Aggravated Level One punishment may be fined up to ten thousand dollars ($10,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 12 months and a maximum term of not more than 36 months.” “The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 120 days.” “(ii) G.S. 20-17(a)(2) and the person was sentenced pursuant to G.S. 20-179(f3) for the offense resulting in the revocation ... the revocation is permanent.”
Level 1	30 days to 24 months; if suspended, at least 30 days must be served (the judge may cut this to 10 days with at least 120 days of continuous alcohol monitoring)	up to $4,000	A child under 18 (or a person with the mental development of a child, or a passenger with a disability who cannot get out unaided) was in the vehicle, or two of the other grossly aggravating factors apply G.S. 20-179(c), (c)(4), (g) “The judge must impose the Level One punishment under subsection (g) of this section if it is determined that the grossly aggravating factor in subdivision (4) of this subsection applies or two of the other grossly aggravating factors apply.” “A defendant subject to Level One punishment may be fined up to four thousand dollars ($4,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 30 days and a maximum term of not more than 24 months.” “A judge may reduce the minimum term of imprisonment required to a term of not less than 10 days if a condition of special probation is imposed to require that a defendant abstain from alcohol consumption and be monitored by a continuous alcohol monitoring system”
Level 2	7 days to 12 months; if suspended, at least 7 days in jail or 90 days of monitored abstinence from alcohol	up to $2,000	One grossly aggravating factor other than a child in the vehicle (for example, one earlier DWI conviction within 7 years). If the factor is a prior within 5 years and the judge suspends all jail in favor of monitored abstinence, 240 hours of community service are added. G.S. 20-179(c), (h) “If the judge does not find that the aggravating factor at subdivision (4) of this subsection applies, then the judge must impose the Level Two punishment under subsection (h) of this section if it is determined that only one of the other grossly aggravating factors applies.” “A defendant subject to Level Two punishment may be fined up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of not more than 12 months.” “The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least seven days or to abstain from consuming alcohol for at least 90 consecutive days” “then the judge must also impose as an additional condition of special probation that the defendant must complete 240 hours of community service.”
Level 3	72 hours to 6 months; may be suspended on condition of 72 hours in jail, 72 hours of community service, or a mix	up to $1,000	No grossly aggravating factors, and the aggravating factors substantially outweigh the mitigating factors G.S. 20-179(f)(1), (i) “(1) The aggravating factors substantially outweigh any mitigating factors, the judge shall note in the judgment the factors found and the judge's finding that the defendant is subject to the Level Three punishment” “A defendant subject to Level Three punishment may be fined up to one thousand dollars ($1,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than six months. The term of imprisonment may be suspended.”
Level 4	48 hours to 120 days; may be suspended on condition of 48 hours in jail, 48 hours of community service, or a mix	up to $500	No grossly aggravating factors, and either no aggravating or mitigating factors or the two roughly balance G.S. 20-179(f)(2), (j) “(2) There are no aggravating and mitigating factors, or that aggravating factors are substantially counterbalanced by mitigating factors, the judge shall note in the judgment any factors found and the finding that the defendant is subject to the Level Four punishment” “A defendant subject to Level Four punishment may be fined up to five hundred dollars ($500.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days. The term of imprisonment may be suspended.”
Level 5	24 hours to 60 days; may be suspended on condition of 24 hours in jail, 24 hours of community service, or a mix	up to $200	No grossly aggravating factors, and the mitigating factors substantially outweigh the aggravating factors. Also the level for a person convicted as an aider and abettor. G.S. 20-179(f)(3), (f1), (k) “(3) The mitigating factors substantially outweigh any aggravating factors, the judge shall note in the judgment the factors found and the judge's finding that the defendant is subject to the Level Five punishment” “a person convicted of impaired driving under G.S. 20-138.1 under the common law concept of aiding and abetting is subject to Level Five punishment.” “A defendant subject to Level Five punishment may be fined up to two hundred dollars ($200.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be suspended.”

Higher penalties and special cases

Grossly aggravating factors: Four factors decide Levels A1, One and Two: (1) each earlier impaired driving conviction within 7 years of the offense, or one entered before sentencing; (2) driving while the license was revoked for an earlier impaired driving revocation; (3) serious injury to another person; (4) a child under 18, a person with the mental development of a child, or a passenger with a disability who cannot exit unaided in the vehicle. A judge decides whether a prior conviction exists; other factors in superior court go to the jury.
G.S. 20-179(c)(1)-(4)
“(1) A prior conviction for an offense involving impaired driving if:”
“(2) Driving by the defendant at the time of the offense while the defendant's driver's license was revoked pursuant to G.S. 20-28(a1).”
“(3) Serious injury to another person caused by the defendant's impaired driving at the time of the offense.”
“(4) Driving by the defendant while (i) a child under the age of 18 years, (ii) a person with the mental development of a child under the age of 18 years, or (iii) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense.”
Aggravating and mitigating factors (Levels Three to Five): Aggravating: gross impairment or a BAC of 0.15 or more, especially reckless driving, negligent driving causing a reportable crash, driving while revoked, two or more serious traffic convictions in 5 years or an impaired driving conviction older than 7 years, speeding to elude, speeding 30 mph or more over the limit, passing a stopped school bus. Mitigating: slight impairment with a BAC of 0.09 or less, safe driving apart from the impairment, a clean 5-year record, a prescribed drug taken as directed, a substance abuse assessment and treatment, 60 days of monitored abstinence, or 6 months of voluntary interlock use before trial. Alcoholism or addiction is not a mitigating factor.
G.S. 20-179(d), (e), (f)
“(1) Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving.”
“(1) Slight impairment of the defendant's faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving.”
“(6a) Completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system.”
“It is not a mitigating factor that the driver of the vehicle was suffering from alcoholism, drug addiction, diminished capacity, or mental disease or defect.”
Immediate 30-day civil revocation: A refusal, a BAC of 0.08 or more (0.04 in a commercial vehicle, any alcohol under 21) brings an immediate civil revocation of 30 days (45 days if the license is not surrendered within 5 working days) and a $100 fee. A limited driving privilege is possible after 10 days of a 30-day revocation.
G.S. 20-16.5(b)(4), (e), (f)(3), (j), (p)
“The period of revocation is 30 days, if there are no pending offenses for which the person's license had been or is revoked under this section.”
“(3) Forty-five days from the time:”
“a person whose license is revoked under this section must pay a fee of one hundred dollars ($100.00) as costs for the action before the person's license may be returned”
“(3) The person's license has been revoked for at least 10 days if the revocation is for 30 days or 30 days if the revocation is for 45 days; and”
Drivers under 21: Driving under 21 with any alcohol or controlled substance in the body is a Class 2 misdemeanor (fine up to $1,000; 1 to 30 days with no prior convictions). A driver aged 18 to 20 with no earlier conviction under this section can get a limited driving privilege. After restoration, a 0.00 alcohol limit applies until age 21.
G.S. 20-138.3(c), (d); G.S. 15A-1340.23(b), (c); G.S. 20-19(c3)(3a)
“The offense in this section is a Class 2 misdemeanor.”
“the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor.”
“2 1-30 days C 1-45 days C/I 1-60 days C/I/A”
“(1) Is 18, 19, or 20 years old on the date of the offense.”
“(2) Has not previously been convicted of a violation of this section.”
“(ii) until the person's twenty-first birthday if the revocation was for a conviction under G.S. 20-138.3”
Commercial vehicles: 0.04 or more in a commercial vehicle is impaired driving in a commercial vehicle, a misdemeanor sentenced under the DWI levels. Any alcohol in the body while driving a commercial vehicle is a Class 3 misdemeanor with a $100 penalty; a second within 7 years is sentenced under the DWI levels.
G.S. 20-138.2(e); G.S. 20-138.2A(c), (d)
“The offense in this section is a misdemeanor and any defendant convicted under this section shall be sentenced under G.S. 20-179.”
“a violation of the offense described in subsection (a) of this section is a Class 3 misdemeanor and, notwithstanding G.S. 15A-1340.23, is punishable by a penalty of one hundred dollars ($100.00). A second or subsequent violation of this section is a misdemeanor punishable under G.S. 20-179.”
“the previous conviction occurred in the seven years immediately preceding the date of the current offense.”

The legal limit in North Carolina

0.08Drivers 21 and over · G.S. 20-138.1(a)(2)
0.15Higher penalties from · G.S. 20-179(d)(1), G.S. 20-17.8(a)(1), G.S. 20-179.3(g5)
Any alcohol (zero tolerance)Drivers under 21 · G.S. 20-138.3(a)
0.04Commercial drivers · G.S. 20-138.2(a)(2), G.S. 20-138.2A(a)

Refusing a breath or blood test

First refusal: 12-month license revocation by the Division of Motor Vehicles, plus the immediate 30-day civil revocation. The refusal can be used as evidence at trial, and officers can still get a test under other laws. A limited driving privilege is possible after 6 months.
With an earlier record: Still 12 months; no limited driving privilege if the driver had an impaired driving conviction or another refusal in the 7 years before. In a case involving death or critical injury, no privilege at all and the 12 months start only after other revocations end.

G.S. 20-16.2(a)(1), (a)(3), (d), (d1), (e1)

“Under the implied-consent law, you can refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws.”

“(3) The test results, or the fact of your refusal, will be admissible in evidence at trial.”

“the Division shall expeditiously notify the person charged that the person's license to drive is revoked for 12 months, effective on the thirtieth calendar day after the mailing of the revocation order unless, before the effective date of the order, the person requests in writing a hearing before the Division.”

“If the refusal occurred in a case involving death or critical injury to another person, no limited driving privilege may be issued. The 12-month revocation begins only after all other periods of revocation have terminated”

“(2) At the time of the refusal, the person had not within the preceding seven years been convicted of an offense involving impaired driving;”

“(3) At the time of the refusal, the person had not in the preceding seven years willfully refused to submit to a chemical analysis under this section;”

“(7) The person's license has been revoked for at least six months for the refusal; and”

Ignition interlock in North Carolina

Required to get the license back after a DWI conviction when the BAC was 0.15 or more, the driver had another impaired driving offense within 7 years, or the sentence was Level A1 (also after habitual impaired driving). The device must be in every vehicle the person drives, and driving with 0.02 or more is barred. It lasts 1 year after a 1-year revocation, 3 years after a 4-year revocation and 7 years after a permanent revocation. A violation in the last 90 days extends it by 90 days.

G.S. 20-17.8(a), (a1), (b), (c), (g1)

“This section applies to a person whose license was revoked as a result of a conviction of driving while impaired, G.S. 20-138.1, and any of the following conditions is met:”

“(1) The person had an alcohol concentration of 0.15 or more.”

“(2) The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person's license has been revoked.”

“(3) The person was sentenced pursuant to G.S. 20-179(f3).”

“(1) A restriction that the person may operate only a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner.”

“(3) A requirement that the person not drive with an alcohol concentration of 0.02 or greater.”

“(1) One year from the date of restoration if the original revocation period was one year. (2) Three years from the date of restoration if the original revocation period was four years. (3) Seven years from the date of restoration if the original revocation was a permanent revocation.”

“shall have the period of compliance with subsection (b) of this section extended for an additional period of 90 days or until the person has been violation-free for such extended period.”

How earlier offenses count

7 years for sentencing: an earlier impaired driving conviction within 7 years before the new offense date is a grossly aggravating factor; an older one is an ordinary aggravating factor. A conviction entered after the new offense but before sentencing also counts. The 7-year window also governs the limited driving privilege and interlock. License revocation uses 3 years (4-year revocation) and 5 years (permanent revocation). Out-of-state convictions for similar conduct count, and a no contest plea is a conviction.

G.S. 20-179(c)(1)a.-b., (d)(5); G.S. 20-19(d), (e); G.S. 20-4.01(4a), (24a)d.

“a. The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or”

“b. The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or”

“or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.”

“d. An offense committed in another jurisdiction which prohibits substantially similar conduct prohibited by the offenses in this subsection.”

“1. A final conviction of a criminal offense, including a no contest plea.”

Driving to work after a DWI: limited driving privilege

Who qualifies: A valid license at the time of the offense (or one expired under 1 year), no impaired driving conviction in the 7 years before, sentenced at Level Three, Four or Five, no new impaired driving charge or conviction since, and a substance abuse assessment filed with the court
G.S. 20-179.3(b)(1)a.-e.
“a. At the time of the offense the person held either a valid driver's license or a license that had been expired for less than one year.”
“b. At the time of the offense the person had not within the preceding seven years been convicted of an offense involving impaired driving.”
“c. Punishment Level Three, Four, or Five was imposed for the offense of impaired driving.”
“d. Subsequent to the offense the person has not been convicted of, or had an unresolved charge lodged against the person for, an offense involving impaired driving.”
“e. The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20-17.6 for the restoration of a drivers license.”
Repeat convictions: One earlier impaired driving conviction within 7 years: still eligible if the BAC was below 0.15 and the level was Three, Four or Five, or Level Two based only on the prior conviction factor. Interlock is then required. Two or more earlier convictions in 7 years: not eligible.
G.S. 20-179.3(b)(3)
“A person convicted of the offense of impaired driving under G.S. 20-138.1 that has been convicted of not more than one offense involving impaired driving within the preceding seven years is eligible for a limited driving privilege if all of the following requirements are met:”
“b. At the time of the offense the person did not have an alcohol concentration of 0.15 or more.”
“2. Punishment Level Two, but only if the Grossly Aggravating Factor determined to impose Punishment Level Two was the Grossly Aggravating Factor provided in G.S. 20-179(c)(1).”
Waiting period: No waiting period: the driver can apply when the judgment is entered. A driver revoked for an out-of-state conviction must first finish 60 days of any nonoperation term ordered there.
G.S. 20-179.3(c)
“A person convicted of an impaired driving offense may apply for a limited driving privilege at the time the judgment is entered.”
How to apply: At sentencing, or later by filing an application with the clerk; the hearing goes before the trial judge or, if unavailable, the chief district court judge or senior resident superior court judge
G.S. 20-179.3(d)
“The application for a limited driving privilege made at any time after the day of sentencing must be filed with the clerk, and no hearing scheduled may be held until a reasonable time after the clerk files a copy of the application with the district attorney's office.”
Essential need: Essential driving for work, household maintenance, education, court-ordered treatment or assessment, probation community service, emergency medical care and religious worship
G.S. 20-179.3(a)(1)-(7), (f)
“(1) The person's employment. (2) The maintenance of the person's household. (3) The person's education. (4) The person's court-ordered treatment or assessment. (5) Community service ordered as a condition of the person's probation. (6) Emergency medical care. (7) Religious worship.”
“Every limited driving privilege must restrict the applicant to essential driving related to the purposes listed in subsection (a), and any driving that is not related to those purposes is unlawful even though done at times and upon routes that may be authorized by the privilege.”
Driving hours: 6 a.m. to 8 p.m., Monday to Friday. Driving outside those hours for work needs documentation and is limited to set times, routes or areas. Household driving only in standard hours. Emergency medical driving is allowed at any time.
G.S. 20-179.3(f), (f1), (g1), (g2)
“Under this section, "standard working hours" are 6:00 A.M. to 8:00 P.M. on Monday through Friday.”
“If the applicant is required to drive during nonstandard working hours for an essential work-related purpose, the applicant must present documentation of that fact before the judge may authorize the applicant to drive for this purpose during those hours.”
“A limited driving privilege may not allow driving for maintenance of the household except during standard working hours”
“driving related to emergency medical care is authorized at any time and without restriction as to routes”
Ignition interlock: Required when the BAC was 0.15 or more or the driver qualifies only under the one-prior-conviction rule: one designated vehicle with an interlock set at 0.02. Optional for other drivers at the judge's discretion. With the interlock, the hour and purpose limits do not apply in that vehicle. Removing the device voids the privilege.
G.S. 20-179.3(g3), (g5)
“(2) A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of greater than 0.02.”
“then the limitations set forth in subsections (a), (f), (g), (g1), and (g2) of this section do not apply when the person is operating the designated motor vehicle with a functioning ignition interlock system.”
“The removal of the ignition interlock system prior to the end of the revocation period or any extension shall void the limited driving privilege”
Employer vehicles: The interlock rules do not apply to an employer-owned vehicle driven only for work, when the employer has filed written authorization with the court
G.S. 20-179.3(g4)
“(1) Is owned by the applicant's employer. (2) Is operated by the applicant solely for work-related purposes. (3) Its owner has filed with the court a written document authorizing the applicant to drive the vehicle, for work-related purposes, under the authority of a limited driving privilege.”
Other conditions: No alcohol while driving and no alcohol or unprescribed controlled substance in the body at any time behind the wheel; proof of liability insurance before the privilege is granted and kept up while it lasts; any other reasonable restriction the judge sets
G.S. 20-179.3(h), (l)
“In all limited driving privileges the judge shall also include a restriction that the applicant not consume alcohol while driving or drive at any time while the applicant has remaining in the applicant's body any alcohol or controlled substance previously consumed”
“Any judge granting limited driving privileges under this section shall, prior to granting such privileges, be furnished proof and be satisfied that the person being granted such privileges is financially responsible.”
After an administrative suspension: During the 30-day civil revocation after arrest, a limited driving privilege is possible after 10 days (after 30 days of a 45-day revocation) with a valid license, no other pending impaired driving charge, and a substance abuse assessment with agreement to any recommended treatment
G.S. 20-16.5(p)
“A person whose drivers license has been revoked for a specified period of 30 or 45 days under this section may apply for a limited driving privilege if:”
“(3) The person's license has been revoked for at least 10 days if the revocation is for 30 days or 30 days if the revocation is for 45 days; and”
“(4) The person has obtained a substance abuse assessment from a mental health facility and registers for and agrees to participate in any recommended training or treatment program.”
Out-of-state convictions: A North Carolina license revoked for a similar out-of-state conviction qualifies on the same terms, after 60 days of any nonoperation term ordered by the other state
G.S. 20-179.3(b)(1), (c)
“A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if the person would be eligible for it had the conviction occurred in North Carolina.”
“may apply for a limited driving privilege only after having completed at least 60 days of a court-imposed term of nonoperation of a motor vehicle, if the court in the other jurisdiction imposed such a term of nonoperation.”
Driving outside the limits: Breaking any restriction is driving while license revoked for impaired driving; once probable cause is found the privilege is suspended until the case ends. An interlock violation in the last 90 days extends the revocation and the privilege by 90 days.
G.S. 20-179.3(j), (j2)
“a person holding a limited driving privilege who violates any of its restrictions commits the offense of driving while license is revoked for impaired driving under G.S. 20-28(a1) and is subject to punishment and license revocation as provided in that section.”
“the limited driving privilege is suspended pending the resolution of the case, and the judicial official must require the person to surrender the limited driving privilege.”
“shall have the period of revocation and authorization to drive with the limited driving privilege in compliance with subsection (g5) of this section extended for an additional period of 90 days or until the person has been violation-free for such extended period.”

Recent changes to North Carolina DWI law

The sections cited on this page were amended by the laws below. Where the official text does not say what an amendment changed, we list the citation only.

G.S. 20-179: S.L. 2023-121, s. 13(a); S.L. 2025-71, s. 11(a)
G.S. 20-17.8: S.L. 2024-30, s. 2(a); S.L. 2024-43, s. 2(b), (d)
G.S. 20-179.3: S.L. 2024-43, s. 2(a); S.L. 2025-71, s. 7(d)

Sources

Every figure above is quoted from the North Carolina General Assembly, General Statutes, read on October 31, 2026. Sections cited: G.S. 20-138.1(d); G.S. 20-179(c), (f); G.S. 20-19(c1), (c3)(1); G.S. 20-17.8(a)(1), (c)(1); G.S. 20-179(c)(1), (d)(5); G.S. 20-19(c1), (c3)(2), (d); G.S. 20-17.8(a)(2), (c)(1)-(2); G.S. 20-179(c), (c)(1); G.S. 20-19(e), (e1), (e2), (e3); G.S. 20-17.8(c)(3); G.S. 20-138.1(a)(2); G.S. 20-179(d)(1),G.S. 20-17.8(a)(1),G.S. 20-179.3(g5); G.S. 20-138.3(a); G.S. 20-138.2(a)(2),G.S. 20-138.2A(a); G.S. 20-179(c)(1)-(4); G.S. 20-179(d), (e), (f); G.S. 20-16.5(b)(4), (e), (f)(3), (j), (p); G.S. 20-138.3(c), (d); G.S. 15A-1340.23(b), (c); G.S. 20-19(c3)(3a); G.S. 20-138.2(e); G.S. 20-138.2A(c), (d); G.S. 20-179(c), (f3); G.S. 20-19(e); G.S. 20-179(c), (c)(4), (g); G.S. 20-179(c), (h); G.S. 20-179(f)(1), (i); G.S. 20-179(f)(2), (j); G.S. 20-179(f)(3), (f1), (k); G.S. 20-16.2(a)(1), (a)(3), (d), (d1), (e1); G.S. 20-17.8(a), (a1), (b), (c), (g1); G.S. 20-179(c)(1)a.-b., (d)(5); G.S. 20-19(d), (e); G.S. 20-4.01(4a), (24a)d..

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