Being charged with a DWI is a serious matter in North Carolina — and the penalty for DWI in NC can be just as severe for out-of-state drivers as it is for local residents. If you were caught driving with a blood alcohol concentration (BAC) of .08% or higher, you could face penalties in both North Carolina and your home state. Notably, the limit for commercial drivers is even more stringent with a BAC of .04% potentially leading to DWI charges.

Does the Penalty for DWI in NC Apply to Out-of-State Drivers?

A DWI charge in North Carolina is not to be taken lightly, even if you don’t live in the state. Importantly, the penalties for driving while impaired are the same for both North Carolina and out-of-state residents. Depending on the level of the offense, you may face monetary fines, jail time, community service, and mandatory participation in a DWI treatment program.

No matter where you’re from, it’s crucial to be aware that you can’t hide from a DWI in North Carolina with an out of state license. DWI information is shared with other jurisdictions through the Interstate Driver License Compact — all states are members except for Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. This means a conviction in North Carolina will follow you across state lines unless you reside in a state that does not participate in the compact.

What are the Penalties for a DWI in North Carolina?

Whether you’re a tourist, a commercial driver, or just passing through, understanding the penalty for DWI in NC is essential. Under North Carolina law, a first DWI is typically charged as a misdemeanor — but if there are aggravating factors in the case, the offense can rise to the level of a felony.

The penalty for a DWI in North Carolina for a first offense without aggravating factors is:

• Automatic license revocation of one year
• A minimum of 24 hours in jail
• 24 hours of community service
• A monetary fine up to $4,000

Depending on the circumstances, a second or third DWI within a 10-year period can also be charged as a misdemeanor, resulting in a minimum of 24 hours jail time or community service, up to 36 months in prison. If you’ve been arrested for a fourth DWI within 10 years, you will face felony charges. A DWI felony conviction requires you to serve a total of at least 12 months in jail.

Just as being convicted of a DWI in North Carolina with an out of state license would follow you home, any DWIs in your home state would be applied in North Carolina to determine the charges against you. In other words, a previous DWI in another jurisdiction would still count as a prior offense for the purpose of determining the presence of aggravating factors.

What is the Impact of a DWI in NC with an Out-of-State License?

Regardless of whether you live in North Carolina or were just visiting, you can’t ignore any DWI charges that were brought there. Doing so could result in a warrant for your arrest. Significantly, you may need to return to North Carolina to appear in court and defend against the charges, which can cause you to incur travel expenses — in addition to the time commitment.

However, you may not only be subjected to criminal penalties in connection with a North Carolina DWI. You could face license suspension and increased insurance rates in your home state, along with other penalties based on the offense. A DWI conviction can also have collateral consequences on various aspects of your life, including professional licensing, employment, immigration status, and your reputation in the community. In certain situations, a family court might even consider an out of state DWI when determining a child custody matter if there are concerns about the child’s welfare.

A knowledgeable out of state DWI lawyer in North Carolina can evaluate your case and mount a solid defense to fight the charges against you. Based on the facts of the case, common defense strategies can include challenging the results of the breathalyzer test, asserting Constitutional violations, and disputing the validity of the initial traffic stop.

Contact an Experienced Out of State DWI Lawyer in North Carolina

If you’ve been charged with a DWI in North Carolina with an out of state license, it’s critical to understand your rights and options. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide trusted DWI representation to North Carolina residents and those from out of state. Call (919) 300-1249 to schedule a consultation and learn how we can help.