A new bill could tighten laws around driving while impaired in North Carolina.
North Carolina uses a level-based sentencing system for DWI/DUI charges, with level A1 being the most serious and level 5 being the least serious. Factors used to determine the level of sentencing include reckless driving and excessive speed, driving on a suspended driver's license or with a child in the car, prior history of DWI convictions and more.
N.C.'s House Bill 1091, short-titled the "DWI Modernization Act of 2026," was filed April 29, and referred to the N.C. House Standing Committee on April 30 after passing its first reading. The bill aims to modernize DWI laws relating to "prevention, enforcement and recovery."
Here's what to know about changes the bill could
make, North Carolina's DWI laws and more.
What is NC House Bill 1091, 'DWI Modernization Act'?
HB 1091's full title explains some of the bill's main aims, including:
- Modernize DWI laws related to prevention, enforcement, and recovery.
- Save the lives of operators, passengers, and pedestrians by requiring magistrates to explain a finding of no probable cause in implied consent cases.
- Increase efficiency in the immediate civil pretrial revocation process.
- Require impaired drivers to pay their fair share of the costs of their processing.
- Reduce unnecessary motions by admitting alcohol and oral drug screening tests to prove the arresting officer had probable cause.
- Require transportation network drivers to meet the same standards as bus drivers.
- Allow repeat offenders a method to prove their sobriety and obtain a legal method to operate a vehicle.
- Make it a felony for a person of lawful age to aid an underage person in obtaining alcoholic beverages when the underage person causes serious injury to themselves or another person.
What is the legal limit for a DUI in North Carolina?
In North Carolina, an individual aged 21 and over can operate a personal vehicle with a blood alcohol content of up to .07%. It is illegal to drive with a BAC of .08% or higher. Drivers under the age of 21 must have a BAC of 0.0% to legally drive. Operators of commercial vehicles must have below a .04% BAC.
Additionally, it is generally illegal to drive under the influence of an impairing substance, including controlled substances such as marijuana.
What is the punishment for a first DUI conviction in North Carolina? Second?
North Carolina uses a level-based sentencing system for DWI convictions.
For a first-time conviction, the driver will generally be issued a fine based on the severity of the sentencing level and may be required to take an alcohol education class or treatment program. Jail time of between 24 hours and 60 days may also be given, and the driver's license is generally suspended for one year.
For a second DWI conviction and beyond, higher fines, longer license suspensions and mandatory jail time are likely to be applied.
Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at iseaton@citizentimes.com.
This article originally appeared on Asheville Citizen Times: North Carolina legislature looks to 'modernize' DWI laws
