DWI vs DUI in North Carolina: What’s the Difference?

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At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand that one of the most common questions our clients face when charged with impaired driving is: What’s the difference between DUI and DWI in North Carolina? Knowing the answer can be crucial to understanding the charges you’re facing and preparing the right legal defense.

Understanding DUI and DWI in North Carolina

In many states, DUI (Driving Under the Influence) and DWI (Driving While Impaired) are treated as separate offenses, each carrying different legal definitions and penalties. However, in North Carolina, these terms are often used interchangeably, with the state primarily using the term DWI in legal proceedings. Let’s break down the difference.

What is a DUI in North Carolina?

DUI traditionally refers to driving under the influence of alcohol or drugs. While in other states a DUI may be considered a less serious offense compared to a DWI, North Carolina does not formally use “DUI” in its legal language. Instead, North Carolina treats all impaired driving offenses under the broader term DWI, which encompasses impairment from alcohol, drugs (both illegal and prescription), and other substances.

What is a DWI in North Carolina?

In North Carolina, Driving While Impaired (DWI) is the formal charge for driving under the influence of an impairing substance. Under N.C. Gen. Stat. § 20-138.1, a person can be charged with DWI if they:

  • Have a Blood Alcohol Concentration (BAC) of 0.08% or higher – This is the legal limit for drivers 21 and older. For commercial drivers, the limit is lower at 0.04%, and for drivers under 21, any amount of alcohol in the system can result in a charge.
  • Are impaired by alcohol, drugs, or a combination of both – This includes not only illegal drugs but also prescription medications that impair your ability to drive safely.
  • Are found with any Schedule I controlled substance in their system, such as heroin or ecstasy.

Key Differences Between DUI and DWI

While some states draw a distinction between DUI and DWI, North Carolina does not officially recognize DUI as a separate offense. The term DWI is used to cover all forms of impaired driving, including alcohol and drug-related impairment. Therefore, in North Carolina, both DUI and DWI lead to the same charge and carry the same penalties. Our Top Rated DWI Lawyers look at these differences and discuss those differences in detail below.

DUI vs. DWI in Other States

In other states, DUI is often used to refer to alcohol-related offenses, while DWI may refer to drug impairment or a more severe level of intoxication. In these cases, the penalties for a DWI are typically more severe than for a DUI. However, this distinction does not exist in North Carolina law. Here, all impaired driving falls under the DWI statute.

Penalties for DWI in North Carolina

The penalties for a DWI in North Carolina can vary depending on the severity of the offense and whether it’s a first-time or repeat offense. Here’s an overview of what you might face:

  • License Suspension: For a first offense, your driver’s license may be suspended for up to one year. Repeat offenses or aggravating factors can result in longer suspensions.
  • Fines: DWI fines range from $200 to $4,000, depending on the circumstances of the case and any aggravating or mitigating factors.
  • Jail Time: DWI offenses carry a potential jail sentence ranging from 24 hours to 36 months, depending on the severity of the charge and any prior DWI convictions.
  • Community Service: A court may require you to complete a set number of community service hours as part of your sentencing.
  • Substance Abuse Assessment: Before reinstating your driver’s license, you will likely need to complete a substance abuse assessment and any recommended treatment or education programs.

Aggravating Factors for a DWI

Several factors can increase the severity of your DWI charges and lead to enhanced penalties. These include:

  • Having a BAC of 0.15% or higher.
  • Driving with a child under 18 in the vehicle.
  • Driving with a revoked license.
  • Causing an accident that results in serious injury or death.

Can You Get a DUI on a Bike in North Carolina?

Yes. In North Carolina, bicycles are considered vehicles under state law, which means you can be charged with DWI if you are caught riding a bike while impaired by alcohol or drugs. This often comes as a surprise to many, but it’s an important part of understanding the jurisdiction of drunk driving laws in North Carolina.

To learn more about DWI on a bike in North Carolina, check out our blog post on this issue: Can you get a DUI on a Bicycle in North Carolina?

Why You Need a DWI Attorney in North Carolina

Facing a DWI charge, which is often categorized as a misdemeanor, can have serious, long-term consequences, affecting your driving record, insurance rates, employment opportunities, and even your freedom. That’s why it’s essential to have an experienced DWI attorney on your side.

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we offer:

  • Comprehensive legal representation for DWI charges.
  • A deep understanding of North Carolina’s impaired driving laws.
  • Tailored defense strategies based on the specifics of your case, whether it’s a first-time offense or a repeat charge.
  • Aggressive defense to protect your rights and work toward the best possible outcome, whether that means reducing the drunk driving charges, negotiating lesser penalties, or getting the case dismissed entirely.

What is the difference between DWI and DUI?

Understanding the difference between DWI and DUI can illuminate important aspects of North Carolina law.

In North Carolina, both DWI (Driving While Impaired) and DUI (Driving Under the Influence) reference offenses involving impaired driving, yet they are not identical terms. The state primarily uses DWI to cover offenses including alcohol impairment or the influence of other substances. Therefore, the broader terminology ensures comprehensive coverage of impairment-related offenses.

DWI is a comprehensive term in North Carolina.

The state’s legal distinction stresses the seriousness of operating a vehicle while impaired by substances beyond just alcohol under the DWI label.

This nuanced understanding encourages individuals to remain informed and vigilant. By promoting awareness about these distinctions, North Carolina bolsters its commitment to safety and legal clarity. Recognizing these differences is vital for navigating the legal landscape and ensuring compliance with state laws. With knowledge comes power, and this understanding empowers responsible decision-making on the roads.

How We Can Help

If you’ve been arrested for DWI in Greensboro or anywhere in North Carolina, you don’t have to face it alone. Our experienced team of drunk driving attorneys will guide you through every step of the legal process, from the moment you are charged to your court appearances and beyond. We will:

  • Review the evidence against you, including BAC test results and the details of your arrest.
  • Explore potential defenses, such as improper field sobriety tests, faulty breathalyzer results, or lack of probable cause for the traffic stop.
  • Work tirelessly to reduce or dismiss the charges, minimize penalties, and protect your driving privileges.

Frequently Asked Questions: DWI vs DUI in North Carolina

1. Is there a legal difference between DWI and DUI in North Carolina?

In North Carolina, there isn’t a legal distinction between DWI and DUI. Both terms essentially refer to impaired driving, and when comparing dwi vs dui, the state of NC formally uses DWI (Driving While Impaired) to cover all instances of driving under the influence of alcohol, drugs, or other substances.

2. Can I be charged with a DWI even if my BAC is below 0.08%?

Yes, in North Carolina, you can still face a DWI charge if you’re impaired by alcohol, drugs, or a combination, regardless of your BAC level. This includes impairment due to legal prescription medications that affect your driving ability.

3. Does a first-time DWI offense carry jail time?

While jail time is possible for a first-time Driving While Intoxicated offense in North Carolina, penalties vary based on the circumstances and any aggravating factors present. Judges have discretion and may impose community service or probation instead.

4. How does a DWI charge affect my driving record?

A Driving While Intoxicated conviction in North Carolina can significantly impact your driving record, leading to license suspension, points on your license, and increased insurance premiums. A skilled attorney can help mitigate these effects.

5. Is it possible to expunge a DWI conviction from my record?

Currently, North Carolina law does not allow for the expungement of a DWI conviction from your criminal record. This makes it crucial to mount a robust defense to avoid a conviction in the first place.

6. Are the penalties for DWI harsher if there are minors in the car?

Yes, driving with a child under 18 while impaired is considered an aggravating factor and could lead to enhanced penalties, including longer jail sentences and higher fines.

7. How does Garrett, Walker, Aycoth & Olson help clients facing DWI charges?

Our dedicated team provides comprehensive legal support, from analyzing the specifics of your case to crafting personalized defense strategies. We aim to reduce the charges, negotiate favorable terms, or secure dismissals to shield your future.

8. What is an OWI?

An OWI is similar to a DUI and DWI, just a different state’s terminology. Typically OWI’s are found in the midwest and it stands for Operating While Intoxicated.

Contact Us Today

Navigate your path with confidence and grit. If you have further questions or need representation for a DWI in North Carolina, don’t hesitate to reach out to Garrett, Walker, Aycoth & Olson, Attorneys at Law. Embrace the opportunity to work with a team committed to fighting for your rights and securing a promising legal outcome.

Contact Garrett, Walker, Aycoth & Olson Today

If you’re facing a DWI charge in North Carolina, you need an experienced legal team that understands the ins and outs of DWI laws and can provide you with the best possible defense.

Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law today for a free consultation with our top rated dwi lawyer. Let us fight for your rights and help you achieve the best possible outcome in your case.

  • Phone: (336) 379-0539
  • Email: office@gwa-law.com
  • Address: 317 S. Greene Street, Suite 310, Greensboro, NC 27401