The NC Ignition Interlock Program
In North Carolina, the legal blood alcohol content limit is .08 percent, or .04 percent for commercial license holders. All offenders found to have a BAC above the legal limit will have their license revoked for 30 days. This period may be extended if they are convicted.
What happens if I get a DWI in North Carolina?
The following penalties apply to DWI offenders of various levels in North Carolina. Level Five is considered the least severe, and Level One is the most severe. If anyone was injured during the DWI offense, or a minor was present, the offender will not be eligible to regain driving privileges during their suspension term.
- Level Five
- $200 fine
- 24 hours minimum to 60 days maximum jail term
- Sentences can be suspended if the offender spends 24 hours in jail and performs 24 hours of community service, or does not drive for 30 days.
- License suspension can increase to one year if convicted
- Must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
- Interlock can be required by the court
- Level Four
- Fine up to $500
- Jail sentence minimum of 48 hours to maximum of 120 days
- Sentences can be suspended if the offender spends 48 hours in jail and performs 48 hours of community service, or does not drive for 60 days
- License suspension period can increase to one year if convicted
- Must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
- Interlock can be required by the court
- Level Three
- Fine up to $1,000
- Minimum jail sentence of 72 hours, maximum of six months
- Sentences can be suspended if the offender spends 72 hours in jail and performs 72 hours of community service, or does not drive for 90 days.
- License suspension can increase to one year if convicted
- Must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
- Interlock can be required by the court
- Level Two
- Level One and Level Two drivers are repeat offenders or have the following factors as part of their offense: their offense caused injury, a minor was present, or were driving on a revoked license
- Fine up to $2,000
- Minimum jail sentence of seven days with a maximum of one year
- For Level Two offenders, the judge cannot suspend the minimum sentence
- License suspension can increase to one year if convicted
- Must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
- Interlock can be required by the court
- Level One
- Level One and Level two drivers are repeat offenders or have the following factors as part of their offense: their offense caused injury, a minor was present, or were driving on a revoked license
- Fine up to $2,000
- Minimum jail sentence of 30 days with a maximum of two years
- For Level One offenders, the judge cannot suspend the minimum sentence
- License suspension can increase to one year if convicted
- Must complete a substance abuse assessment and may need to attend substance abuse treatment or classes to regain driving privileges
- Interlock can be required by the court
- Felony DWI
- Felony DWI offenders have had at least three previous DWI convictions within 7 years
- Minimum jail term of one year
- Jail term cannot be suspended
- Offenders must go through a substance abuse treatment program while in jail or as a condition of parole
Penalties may be increased depending on the exact circumstances of a DWI offense and the driver’s previous record.
What happens if I fail to complete or refuse to submit to a DWI test in North Carolina?
Refusing a breath test has similar consequences to failing one. A driver who refuses the test, their license will immediately be revoked for 30 days. An additional year is added on after an opportunity for a hearing. Even if the driver is not convicted of DWI, their license is revoked for one year as a penalty for refusing the test. Some drivers may be able to regain their driving privileges after a six-month waiting period.
How Do I Regain Driving Privileges in North Carolina?
In North Carolina, offenders who refuse to take a BAC test or are convicted of DWI will have their license suspended. These license suspensions can last from six months to a year or more, depending on the offense. However, some drivers are able to get limited driving privileges back with a limited license, sometimes called a restricted license or a hardship license. Eligible drivers must meet the following criteria:
- Offender must apply and request a hearing - the prosecutor’s office is notified of the hearing and has the opportunity to present arguments against granting a restricted license. The judge is ultimately responsible for granting the limited driving privileges, or not.
- Must hold a valid driver’s license at the time of the offense
- Have not been convicted for a DWI offense within seven years of their current offense
- They received a Level Three, Four, or Five penalty for the conviction (Level One and Level Two offenders are likely ineligible)
- Since their conviction, they have not been charged with or convicted of another DWI offense
- They got a substance abuse assessment and filed it with the court
- Have not violated previous temporary license restrictions
- High-risk drivers who had a BAC of .15 percent or higher must meet additional requirements including:
- waiting 45 days from conviction
- installing an ignition interlock device
Intoxalock NC Interlock Devices
Intoxalock is a recognized interlock provider in North Carolina, and installation of an Intoxalock IID would meet court criteria for a limited license. Intoxalock devices are available for lease through a number of service center locations throughout the state.
What is an Ignition Interlock Device?
An ignition interlock device is sometimes called a car breathalyzer. The devices are used to test breath alcohol content (BrAC) before a convicted DWI offender can start their car. Here is how they work:
- The drivers will press the button on the front of the device, then blow into it to test their BrAC. If they pass, the driver will be able to start the car. If they fail, the failure is reported to the monitoring authority and the driver must wait until they pass to start the car.
- During most trips, the IID will request random retests in order to ensure the driver stays sober
How long is an NC Interlock device required?
The terms will be set by the court. However, violating the interlock policy or committing another vehicular offense could result in an increased term.
Ignition Interlock Cost in North Carolina
In North Carolina, offenders are responsible for the cost of leasing their device. The devices typically cost between $2.50 and $3.50 per day. Intoxalock offers several payment options and allows offenders to pay in advance for their lease if they wish to do so.
Ignition Interlock installation in North Carolina
There are many North Carolina locations for Intoxalock service providers, and our state specialists can help you find one near you. Intoxalock is the #1 interlock brand in the country, and our state specialists are available 24/7 to help. At your appointment, technicians will install your device and show you how it works. They will also provide the certificate of installation. You may need this to show the court you have completed this requirement.