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Penalties for an Underage DWI in North Carolina

While every state has unique laws and statutes relating to DUI and DWI, North Carolina has some of the country’s strictest consequences, especially for underage drivers.

If you’re a minor charged with a DWI in North Carolina, you face severe criminal and administrative penalties if convicted.

An early DWI conviction can have catastrophic effects on a young person’s life and make it especially difficult to land a job, apply for academic programs, or even rent an apartment.

Understanding the consequences of Underage Dwi is essential as you navigate the legal process. Consulting with a DWI attorney will help you plan accordingly while your case moves forward in court.

Zero Tolerance DWI in North Carolina

North Carolina DUI law has a zero-tolerance policy for minors. In other words, any person under the legal drinking age must not drive with any amount of alcohol in their system.

While the blood alcohol concentration (BAC) that meets the threshold for a DUI is 0.08% for a standard driver and 0.04% for a commercial driver, a driver under the legal drinking age cannot present any detectable level of alcohol in their system.

Any BAC above 0.00% can result in a criminal conviction for drivers under 21.

Criminal Penalties for Underage DWI

Anyone arrested for an underage DWI in North Carolina faces a Class 2 misdemeanor under state law.

Some criminal consequences of an underage DWI conviction include:

  • Maximum of 60 days in jail
  • $1,000 penalty fee
  • Criminal probation
  • Restitution
  • Drug and alcohol assessment
  • Substance abuse treatment and classes
  • Imposed community service

Every DWI case is unique. In most cases, criminal consequences increase if you have a prior criminal record or the DWI resulted in an injury.

Subsequent underage DWI convictions may result in:

  • Electronic house arrest
  • Residential treatment
  • Supervised probation
  • Increased jail time

A DWI attorney can assess your case and offer guidance regarding your legal options.

Administrative Penalties for Underage DWI

On top of expensive fines and a criminal record, an underage DWI will also come with several administrative penalties imposed by the North Carolina Department of Transportation (DOT).

A driver charged with underage DWI will have their license suspended for 30 days following the arrest.

Additionally, because North Carolina has an implied consent law, anyone who refuses to take a breathalyzer test automatically loses their driving privilege for upwards of one year. Even if no conviction occurs, a license suspension remains when drivers refuse a breathalyzer test.

Drivers under 18 who receive DWI convictions can expect to have their license revoked for one year without the ability to request relief.

Drivers over 18 but under 21 may request limited driving privileges from the DOT if they have no prior convictions.

Challenging an Underage DWI Arrest

Most DWI arrests rely on chemical tests to prosecute the charges.

In most cases, a blood test proves that the BAC was above the legal limit at the time of the arrest. A seasoned attorney may challenge the legality of the chemical test to try to suppress the evidence.

When a chemical test is thrown out, prosecuting a DWI becomes more challenging.

In other cases, your arrest may be unconstitutional, or there may be underlying factors that an attorney can present to have the charges dropped or reduced.

Other legal arguments include:

  • No probable cause
  • Illegal traffic stop
  • Administrative errors
  • Inaccurate breathalyzer results
  • Driving under duress
  • Medical emergency
  • Entrapment by law enforcement

Under North Carolina law, even the smell of alcohol is enough to warrant an arrest and convict a DWI. If you’ve been arrested for underage DWI, speaking with a criminal defense attorney will help you determine the best course of action.

The post Penalties for an Underage DWI in North Carolina appeared first on Find US Lawyers.



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Penalties for an Underage DWI in North Carolina

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