What penalties can you face for underage drinking and driving in North Carolina?

If you’re under 21 and have a drink before getting behind the wheel, you could face criminal charges. North Carolina doesn’t give second chances under our state’s underage drinking and driving laws. Even consuming a tiny amount of alcohol can lead to serious consequences.

You and your underage driver may feel overwhelmed after their arrest for DWI. That’s why you need our experienced North Carolina criminal defense lawyers at Browning & Long, PLLC, to represent your child. We can help you and your child understand their rights, develop a tailored defense strategy, and work toward the best possible outcome in their criminal case. There’s a lot at stake, but there are also legal options worth exploring.

What Are North Carolina’s Underage Drinking and Driving Laws?

In North Carolina, zero tolerance for underage drinking means just that. Under North Carolina’s underage drinking and driving laws, drivers under the age of 21 are held to a far stricter standard than those over 21. According to N.C.G.S. § 20-138.3(a), it’s a crime for a person under 21 to:

• Drive while consuming alcohol.
• Drive with any alcohol or controlled substance in their system.

This “zero-tolerance” rule doesn’t just mean being impaired. It means having any detectable amount of alcohol or drugs in your system, regardless of whether you feel fine or test below the standard legal limit of 0.08%.

Does North Carolina’s Implied Consent Law Apply to Underage Drinking and Driving? 

North Carolina’s implied consent law applies if you are under 21 years old, and the police stop you for suspected underage drinking and driving. Under the implied consent law:

• Police can request that you submit to a chemical test if they suspect alcohol consumption.
• Like adult drivers, you impliedly consent to chemical testing. If you refuse, you could face additional charges. 

If you do submit and your result is, for example, 0.01%, that’s still enough to face charges. Your test results can also be used against you in your DWI case.

What Are the Penalties for Underage Drinking and Driving in North Carolina?

Underage drinking and driving is technically an implied consent violation. The offense is a Class 2 misdemeanor. Even if it’s your first offense, the consequences are significant:

• Sentence. Under our state’s underage drinking and driving laws, you could be sentenced to up to 60 days in jail and a fine of up to $1,000.
• One-year license revocation. The DMV automatically suspends your driver’s license for one year if you’re convicted.
• Possible limited driving privilege. You may be eligible for restricted driving (e.g., for work or school), but it’s not guaranteed.

What Are the Long-Term Consequences of an Underage Drinking and Driving Conviction?

A conviction for underage drinking and driving in North Carolina doesn’t just affect your license or result in a one-time fine. The long-term consequences can follow you for years. The impact extends far beyond the courtroom, such as the following:

• Criminal record. A conviction creates a permanent criminal record that can appear on background checks conducted by employers, schools, landlords, and licensing boards. Even if the offense seems minor, having a misdemeanor related to alcohol can raise red flags and limit future opportunities.
• College admissions and scholarships. Colleges and universities may deny admission or withdraw scholarships based on a criminal conviction. Schools often ask about disciplinary or criminal history on applications, and a record involving alcohol can affect how admissions committees view you.
• Employment barriers. Many employers conduct criminal background checks, and a conviction for underage drinking and driving can make it harder to get hired, especially for jobs requiring driving, government clearance, or roles in education or healthcare. Some employers may interpret the charge as a sign of poor judgment or unreliability.
• Higher insurance costs. Auto insurance companies often raise premiums significantly after a conviction involving alcohol. Some insurers may even cancel your policy, requiring you to obtain high-risk coverage, which can cost hundreds or thousands of dollars more per year.
• Professional licensing issues. Fields like law, medicine, nursing, teaching, and finance often require licensing, and a criminal record can complicate or delay the licensing process. You may be required to disclose the conviction and explain the circumstances, which can be a barrier in competitive professions.

How Our North Carolina Criminal Defense Lawyers Can Help

Facing an underage drinking and driving charge is stressful, but you don’t have to handle it alone. Our skilled criminal defense lawyers at Browning & Long, PLLC, are former prosecutors who understand how the prosecutor will try to convict your child under North Carolina’s underage drinking and driving laws. We’re here to protect your child’s rights and future with strategic, personalized legal defense.

• Challenge the traffic stop. If the initial stop wasn’t lawful, we may be able to suppress evidence or get the case dismissed.
• Dispute breath and blood test results. We’ll examine whether the test was administered properly and whether the results are scientifically reliable. If necessary, we can hire expert witnesses to dispute the test results.
• Fight to reduce or dismiss charges. We’ll explore all defenses to avoid a conviction or reduce the charge to a lesser offense with fewer consequences.
• Pursue limited driving privileges. If eligible, we can help petition for restricted driving privileges so your child can continue driving to work or school.
• Minimize the impact on your child’s future. We work to protect your child’s record and help position them for possible expungement when eligible.
• Guide you every step of the way. From court appearances to DMV hearings, we’re by your side with clear advice, vigorous advocacy, and a focus on long-term outcomes.