What is the jail time for a 2nd DWI in North Carolina?

The North Carolina Governor’s Highway Safety Program created a campaign called “Booze It & Lose It” as a way to crack down on driving while intoxicated (DWI) offenders. The initiative first began in 1994 and uses checkpoints throughout the state to catch impaired motorists. Anyone with a blood alcohol concentration (BAC) of .08 percent or higher may face severe consequences. 

DWI Penalties in the Tar Heels State

North Carolina DWI laws have a complex structure and categorize offenders from a Level 1 (the most serious) to a Level 5, with the least penalties upon conviction. The judge will impose a sentence based upon the person’s blood alcohol level at the time of arrest and whether they have a prior conviction. Motorists who were arrested for DWI with a child under age 16 in their car at the time may face stiffer penalties. All convicted offenders will be required to undergo a substance abuse assessment prior to court and can be penalized as outlined in the table below:

First DUI Conviction

Second DUI Within 3 Years

Third DUI Within 5 Years

24 hours to 2 years in jail

7 days to 2 years in jail

1 to 2 years in jail

Maximum fine of $4,000

Maximum fine of $2,000

Maximum fine of $2,000

One year license revocation is mandatory

4 years license revocation

Driver’s license permanently revoked

24 hours community service

Mandatory installation of ignition interlock device

Mandatory installation of ignition interlock device

Drivers who are convicted of a fourth North Carolina DWI will be charged with a felony, have their driver’s license permanently revoked and spend up to five years in state prison along with all the other felons. First time offenders with a BAC of .15 or higher may be required to install an interlock ignition device into any of the vehicles that they operate.

Legal Help From a North Carolina DUI Lawyer

Although North Carolina DWI offenders may be subject to harsh punishments, there may be cases where mitigating factors can be considered to lessen the penalties imposed. When you hire an experience DUI attorney, they might be able to get your sentence reduced to performing community service in lieu of jail time.