If you’ve been pulled over in North Carolina for impaired driving, you may wonder whether you’ve been charged with a DWI or DUI—and what the difference actually means for your case. While the terms are often used interchangeably, North Carolina law makes an important distinction. Understanding these differences, along with the potential penalties, can help you make informed decisions about your defense.
At Browning Long Law, our attorneys focus on defending drivers across Charlotte and the surrounding areas. As experienced Charlotte, North Carolina, DUI lawyers, we guide clients through the complex legal system and fight to protect their rights.
What Is the Difference Between DWI and DUI in North Carolina?
In North Carolina, the proper legal term is DWI (Driving While Impaired), not DUI (Driving Under the Influence). This is an important distinction that many people don't realize. North Carolina law specifically uses DWI terminology in all official statutes and court proceedings.
-
DUI: Although commonly understood, DUI is not the official legal term in North Carolina.
-
DWI: This covers driving under the influence of alcohol, drugs, or a combination of substances.
What Constitutes DWI in North Carolina?
North Carolina's DWI law is broader than many people realize. You can be charged with DWI if you're found to be:
- Operating a vehicle while under the influence of alcohol with a BAC of 0.08% or higher
- Impaired by any amount of alcohol that affects your normal faculties
- Under the influence of controlled substances (illegal drugs or prescription medications)
- Impaired by a combination of alcohol and drugs
Importantly, you can be charged with DWI even if your BAC is less than 0.08% if the officer believes you were noticeably impaired.
Special Cases and Enhanced Penalties
North Carolina has specific provisions for certain situations:
- Commercial drivers face stricter BAC limits (0.04%)
- Drivers under 21 are subject to zero tolerance laws
- Habitual DWI offenders face felony charges
The DWI Investigation Process in Charlotte
When officers suspect impaired driving, they follow specific procedures. Understanding these can be crucial for your defense:
Initial Stop and Questioning
Officers must have reasonable suspicion to pull you over. During the stop, they may ask questions about:
- Where you've been
- Whether you've been drinking
- Your destination
Remember: You're not required to answer these incriminating questions. Anything you say can be used against you in court.
Field Sobriety Tests and Breath Testing
If officers suspect impairment, they may request:
- Field sobriety tests (walk-and-turn, one-leg stand, eye test)
- Preliminary breath test (PBT) at the scene
- Post-arrest breath or blood testing at the station
These tests are voluntary before arrest, and there are strategic reasons to refuse them.
DWI Penalties and Consequences in North Carolina
North Carolina has a complex sentencing system for DWI convictions. DWI penalties depend on various factors including:
Sentencing Levels
Level 5 (Least Severe):
- Fine up to $200
- Minimum 24 hours jail (maximum 60 days)
- Possible community service
Level 1 (Most Severe):
- Minimum 30 days jail (maximum 2 years)
- Fine up to $4,000
- Possible SCRAM bracelet requirement
Long-Term Consequences
Beyond immediate penalties, a DWI conviction can result in:
- Driver's license revocation
- Ignition interlock device requirement
- Long-term consequences affecting employment and education
- Impact on professional licenses like nursing licenses
- Security clearance implications
Common DWI Defense Strategies
As your Charlotte North Carolina DUI lawyer, we examine every aspect of your case for potential defenses:
Challenging the Stop
- Was there probable cause for the initial stop?
- Were proper DWI checkpoint procedures followed?
- Did officers violate your constitutional rights?
Questioning Test Results
- Breathalyzer test challenges
- Blood test accuracy issues
- Medication interference with test results
Procedural Violations
- Miranda rights violations
- Improper evidence handling
- Constitutional violations
Protecting Your Driving Privileges
One of the most immediate concerns after a DWI arrest is your ability to drive. North Carolina offers several options:
Limited Driving Privileges
You may be eligible for limited driving privileges that allow you to drive for:
- Work purposes
- School attendance
- Medical appointments
- Court-ordered treatment
Civil Revocation Process
Understanding the DWI civil revocation process is crucial for protecting your driving privileges.
Frequently Asked Questions About DWI vs DUI in North Carolina
Is there a difference between DWI and DUI charges in NC?
No, North Carolina only uses DWI (Driving While Impaired) as the official charge. DUI is not a legal term in North Carolina statutes.
Can I get a DWI charge dismissed in Charlotte?
Yes, there are several ways to get a DWI dismissed in North Carolina, including challenging evidence, proving constitutional violations, or demonstrating procedural errors.
What should I do if I'm stopped for DWI?
Follow these key steps when stopped for DWI in North Carolina:
- Provide license and registration
- Be polite but don't answer incriminating questions
- Consider refusing field sobriety tests
- Contact an attorney immediately
How long does a DWI stay on my record?
A DWI conviction stays on your North Carolina record permanently, though it may only affect sentencing for future DWIs for a certain period.
Can I refuse a breathalyzer test?
You can refuse, but there are penalties for breathalyzer refusal under North Carolina's implied consent law.
Will I automatically lose my license after a DWI arrest?
Not necessarily. You may be eligible for limited driving privileges or may successfully challenge the suspension.
Why You Need a Charlotte North Carolina DUI Lawyer
A DWI charge is overwhelming, but you don’t have to face it alone. At Browning Long Law, we know how local courts, judges, and prosecutors handle these cases—and we build strong, personalized defenses to protect our clients.
-
Decades of combined experience in DWI defense
-
Knowledge of Charlotte’s court system
-
Personalized strategies for every client
Call Browning Long Law Today
If you’ve been charged with a DWI in Charlotte or anywhere in North Carolina, take action quickly. The sooner you involve an attorney, the better your chances of protecting your license, your record, and your future.
📞 Call us now or reach out through our contact page to schedule a consultation.
