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North Carolina driving lesson · Alcohol and the Law

DWI laws, BAC limits & chemical tests

A 3-minute lesson from the North Carolina course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

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Read time
3 minutes
Course unit
Alcohol and the Law
Checkpoint questions
6
Source pages
17

North Carolina has a single impaired-driving offense: Driving While Impaired (DWI), created by the 1983 Safe Roads Act. It can be proven two ways, and refusing a breath or blood test brings its own penalties.

BAC

Blood alcohol concentration. Everyone's driving is impaired at 0.08 percent, and many people are affected at much lower levels.

Handbook p. 17 ↗

BAC figures to know

BAC figures to know
BACMeaning
0.05%Crash risk already increases
0.08% or moreImpaired by law; immediate 30+ day revocation
0.04% or moreDWI limit in a commercial motor vehicle
Handbook p. 17 ↗

DWI can be proven by showing either:

  • Your physical or mental faculties are appreciably impaired by alcohol, drugs or both, or
  • Your BAC is 0.08 or more (0.04 or more in a commercial motor vehicle)
Handbook p. 17 ↗

Know the rule

If charged with DWI, you'll be asked to take a chemical test of your breath or blood.

Handbook p. 17 ↗

Consequences at the test

Consequences at the test
SituationResult
Refuse any required testImmediate revocation 30+ days, plus 12+ months by DMV
BAC 0.08+ (0.04+ in a CMV)Immediate revocation for at least 30 days
Handbook p. 17 ↗

Know the rule

After six months of a willful-refusal revocation, a judge may in certain cases issue a limited driving privilege.

Handbook p. 17 ↗

Know the rule

Your test results, or the fact that you refused, can be used as evidence in court.

Handbook p. 17 ↗

NC DWI laws:

  • Allow road blocks to check for impaired drivers
  • Forbid drinking any alcoholic beverage, including beer, while driving
  • Forbid transporting an open container of alcohol, including in the passenger area
  • Forbid alcohol (open or closed) in the passenger area of a commercial motor vehicle on a public road
  • Set different punishment levels based on how severe the offense is
  • Require a jail sentence for a second DWI conviction
Handbook p. 17 ↗

Put it into practice

You're pulled over and asked to blow into a breath tester. If you refuse, your license is revoked on the spot for at least 30 days, DMV adds at least a 12-month revocation, and the refusal can be used against you in court.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

For a driver of a non-commercial vehicle, at what BAC can driving while impaired be proven by the BAC alone?
  1. 0.05%
  2. 0.10%
  3. 0.04%
  4. 0.08%

Answer: 0.08%

DWI can be proven by showing a BAC of 0.08 percent or more (0.04 for a commercial motor vehicle).

Handbook p. 17 ↗
What is the BAC limit for a driver operating a commercial motor vehicle?
  1. 0.04%
  2. 0.08%
  3. 0.00%
  4. 0.02%

Answer: 0.04%

The BAC limit is 0.04% or more for a driver operating a commercial motor vehicle.

Handbook p. 17 ↗
What happens if a driver refuses a chemical breath or blood test when charged with DWI?
  1. No penalty unless later convicted of DWI
  2. A warning only, with no revocation
  3. A fine only, license unaffected
  4. 30-day plus 12-month revocation

Answer: 30-day plus 12-month revocation

Refusal results in immediate revocation for at least 30 days and an additional minimum 12-month revocation by the DMV.

Handbook p. 17 ↗
DWI can be proven in court by showing which of the following?
  1. Impairment or a BAC at/above the limit
  2. Only a positive breathalyzer result
  3. Only witness testimony of erratic driving
  4. Only a blood test taken more than 24 hours later

Answer: Impairment or a BAC at/above the limit

Driving while impaired can be proven either by physical/mental impairment or by BAC at or above the limit.

Handbook p. 17 ↗
After willfully refusing a chemical test, when may a judge issue a limited driving privilege?
  1. Immediately upon refusal
  2. After 6 months of revocation
  3. After 30 days
  4. After 12 months of revocation

Answer: After 6 months of revocation

In certain instances, after six months of the willful refusal revocation has elapsed, a judge may issue a limited driving privilege.

Handbook p. 17 ↗
What are enforcement agencies explicitly allowed to do under North Carolina's DWI laws?
  1. Set up impaired-driving roadblocks
  2. Search any vehicle without cause
  3. Suspend a license without a court hearing
  4. Require a breath test at every traffic stop

Answer: Set up impaired-driving roadblocks

DWI laws allow enforcement agencies to set up road blocks to check for impaired drivers.

Handbook p. 17 ↗
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