Third Offense DUI/DWI in North Carolina

As with most states the legal BAC or blood alcohol content is 0.08%; however individuals can still be charged with a third DUI in North Carolina even with a lower BAC. This typically occurs if the individual is showing signs of an obvious impairment either through their speech, actions or driving ability.

Administrative Penalties

There are a wide range of administrative penalties that can be ordered in North Carolina on a third DWI/DUI. These include fines of up to two thousand dollars plus court costs, which will be charged even if you agree to jail time in lieu of any fines imposed by the court. In addition the court can order a driver's license revoked for up to four years but this only applies if the second and third offense did not happen within the last five years. You will also be required to install an ignition interlock device at your expense.

Criminal Penalties

A third offense DUI in North Carolina will result in a possible jail sentence of up to two years, unless there are other factors such as significant history and previous related convictions, injury or death related to the DUI charge. These situations can increase the jail time ordered. The minimum jail time is 14 days.

The Lookback Period

North Carolina uses a variation on the lookback period which can significantly impact your life. If the three DUI/DWI charges have all occurred in 10 years and the last two charges occurred within the last five years there is a permanent loss of the ability to have a driver's license.

Felony vs. Misdemeanor in North Carolina

A third offense DUI in North Carolina is considered a misdemeanor offense unless there was injury, death or significant property damage related to the charge.  A fourth offense becomes a felony.

Plea Options

As in all states anyone charged with DUI/DWI in North Carolina has the option to plead either guilty or not guilty. Both have pros and cons and speaking with a qualified legal representative will help determine if proceeding to trial or plea bargaining for a lesser sentence may your best choice.

Seek Legal Advice

Always seek legal council with an experienced DUI attorney that has experience in working in court systems in North Carolina. He or she will provide accurate information on your options as well as the strengths and weaknesses of your case should you choose to go to trial.