Under 21 And Driving
G.S. 20-138.3 — any alcohol remaining in the body is enough, under 21
Any alcohol at all. In North Carolina, a person less than 21 years old may not drive on a highway or public vehicular area while consuming alcohol, or at any time with any alcohol or controlled substance previously consumed remaining in the body. A controlled substance lawfully obtained and taken in therapeutically appropriate amounts is not a violation. It is a Class 2 misdemeanor.
The odor of alcohol on the driver's breath is not enough by itself to prove the offense beyond a reasonable doubt, unless the driver was offered a screening test or chemical analysis and refused. An approved screening test, or a refusal of one, can be used in deciding whether alcohol was present.
Under the implied consent notice, a result of 0.01 or more for a driver under 21 means the driving privilege is revoked immediately for at least 30 days.
A person who was 18, 19 or 20 on the date of the offense, has no earlier conviction under the section, and whose license is revoked solely because of this conviction may apply for a limited driving privilege.
Sources for this section (2)
- G.S. 20-138.3 — Driving by person less than 21 years old after consuming alcohol or drugs
- 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.