The DWI Stop
G.S. 20-138.1 — impaired, or 0.08 at any relevant time after driving
Three ways to commit it. In North Carolina, a person commits impaired driving by driving any vehicle on a highway, a street or a public vehicular area while under the influence of an impairing substance; after consuming enough alcohol to have an alcohol concentration of 0.08 or more at any relevant time after the driving; or with any amount of a Schedule I controlled substance or its metabolites in the blood or urine.
Being legally entitled to use alcohol or a drug is not a defense. Impaired driving is a misdemeanor, and on a conviction the judge holds a sentencing hearing and sets punishment under the impaired driving sentencing statute.
| What the notice before a chemical test says | |
|---|---|
| What the notice before a chemical test saysRefusing | Any test may be refused, but the license is revoked for one year and could be revoked longer, and an officer can compel a test under other laws |
| What the notice before a chemical test saysIn court | The results, or the fact of a refusal, are admissible at trial |
| What the notice before a chemical test saysAt once | The driving privilege is revoked immediately for at least 30 days on a refusal or a result of 0.08 or more, 0.04 or more in a commercial vehicle, or 0.01 or more under the age of 21 |
| What the notice before a chemical test saysAfter release | The person may seek their own test in addition |
| What the notice before a chemical test saysBefore the test | The person may call an attorney and pick a witness, but testing is not delayed more than 30 minutes from the notice |
Anyone who drives on a highway or public vehicular area has consented to a chemical analysis if charged with an implied consent offense. A willful refusal means no test is given under this section, but it does not prevent testing under other procedures of law.
Sources for this section (2)
- G.S. 20-138.1 — Impaired driving
- G.S. 20-16.2 — Implied consent to chemical analysis
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.