Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « North Carolina DUI Penalties
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- Implied consent laws are the laws, which requires the suspected DUI drivers to go under breath, blood or urines test for blood alcohol content. Refusal for that can result you penalties such as mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
Any driver with blood alcohol concentration above than 0.08 percent in North Carolina will be measured “per se intoxicated” under the law. According to this law this evidence is enough for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
Zero tolerance laws of all states mainly focus o
n drivers not of legal drinking age. Any person under the age of 21 years in North Carolina driving any motor vehicle with blood alcohol level 0.02 percent or above will be subject to DUI penalties.
Enhanced Penalty Blood Alcohol Concentration
Some states are having strict sentences for DUI convicted drivers with high blood alcohol level at the time of arrest, that is usually 0.15 to 0.20 percent above the legal limit. These enhanced penalty laws are not applicable in North Carolina.
Administrative License Suspension/Revocation Penalties
Administrative license suspension of revocation penalties is minimum compulsory penalties imposed on drivers that are having blood alcohol level above 0.08 percent in North Carolina or drivers will be subject to implied consent laws if they refuse to submit to breath, blood, or urines test for blood alcohol level.
These penalties include mandatory suspension or revocation (permanently or temporarily) of the driving license by the Department of Motor Vehicles (DMV). For first DUI offense in North Carolina the mandatory suspension is for 90 days; for second offense its for one year; and for third offense its up to three years.
Vehicle Confiscation
Vehicle confiscation penalty for DUI convictions is a chance in some states usually for repeat offenders. While in North Carolina this penalty is not valid.
Ignition Interlock
Ignition interlock is a device is attached with the vehicle of DUI offender so that he/she performs a breath test for blood alcohol content before starting the vehicle. This penalty for DUI can be applicable in some states while in North Carolina this is not applicable.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, alcohol abuse treatment, and assessment of a person for his/her dependency on alcohol or drugs can be required in North Carolina. These steps are often suggested instead of severe punishments like incarceration or paying fines.
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