North Carolina DWI Levels

Penalties are based on your “level,” and your judge uses mitigating factors to determine your level. Factors include your BAC (Blood Alcohol Concentration), prescription medications, your current driving record, and other aspects of your DWI situation and overall driving history.

Level 5

  • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
  • Up to a $200 fine.
  • Between 24 hours and 60 days in jail. (Your judge might suspend your sentence to 24 hours of imprisonment or 24 hours of community service as part of probation.)
  • Substance abuse assessment, if you’re placed on probation.

Level 4

  • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
  • Up to a $500 fine.
  • Between 48 hours and 120 days in jail. (Your judge might suspend your sentence to 48 hours of imprisonment or 48 hours of community service as part of probation.)
  • Substance abuse assessment, if you’re placed on probation.

Level 3

  • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
  • Up to a $1,000 fine.
  • Between 72 hours and 6 months in jail. (Your judge might suspend your sentence to 72 hours of imprisonment or 72 hours of community service as part of probation.)
  • Substance abuse assessment, if you’re placed on probation.

Level 2

  • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
  • Up to a $2,000 fine.
  • Between 7 days and 12 months in jail. (Your judge might suspend your sentence to 90 days of abstaining from alcohol, which the court will monitor.)
  • Substance abuse assessment, if you’re placed on probation.

Level 1

  • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
  • Up to a $4,000 fine.
  • Between 30 days and 24 months in jail. (Your judge might give you 10 days under probation cases involving alcohol monitoring for 120 days.)
  • Substance abuse assessment, if you’re placed on probation.

Aggravated Level 1

  • Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
  • Up to a $10,000 fine.
  • Between 12 months and 36 months in jail. (Your judge might give you 120 days under probation cases involving alcohol monitoring for a minimum of 120 days.)
  • Monitored abstaining from alcohol for 4 months after prison release.
  • Substance abuse assessment.