NC Driver's Handbook: Chapter 2: Alcohol & the Law

Everyone’s driving is impaired at what blood alcohol concentration (BAC)?

0.08%

Research shows that the risk of being involved in a crash increases when the BAC is ____. At _____, the risk of causing a fatal crash is even greater.

• 0.05%

• 0.08%

In 1983, the NC General Assembly enacted the Safe Roads Act, which did what?

Repealed all previous laws on drunk driving & replaced them with a single offense of “Driving While Impaired—DWI”.

What will be asked of you if an officer charges you with DWI?

Chemical test of breath or blood.

If charged with DWI by an officer, what is the punishment for refusing any required tests?

Immediate revocation of driver license for at least 30 days + additional, minimum 12 month-revocation by DMV.

In certain instances, after ___ ______ of the willful refusal revocation, the judge may issue a _____ _______ ________.

• 6 months

• Limited driving privilege

If your BAC test shows ____ or more ( ___ or more if you are driving a commercial motor vehicle), your driving privilege will be revoked immediately for a minimum of __ ____.

• 0.08%

• 0.04 (commercial vehicle)

• 30 days

Driving while impaired can be proven in one of two ways:

1. Proving driver’s physical or mental fitness considerably impaired by drugs and/or alcohol.

2. Proving driver’s BAC is 0.08% or more, or 0.04% or more, if driving Commercial Motor Vehicle.

DWI Laws allow enforcement agencies to …

Set up road blocks to check for impaired drivers.

DWI Laws prohibit the transport of …

Open container of any alcoholic beverage, including in passenger area.

DWI Laws prohibit drivers from consuming …

Any alcoholic beverage, including beer, while driving.

DWI Laws prohibit the possession of alcoholic beverages (open OR closed) in what circumstances?

In the passenger area of commercial motor vehicle while on highway, street, or public vehicular area.

DWI Laws provide different levels of … based on …

Punishment based on the severity of the offense.

DWI Laws require persons who are convicted of DWI for the SECOND time to …

Serve a jail sentence.

DWI Laws attempt to punish DWI offenders, but also try to …

Help them deal with problems they may have with alcohol.

DWI Laws require that repeat DWI offenders or persons with high BAC’s …

Be checked to see if they have an alcohol problem.

DWI Laws require persons with LOWER BAC’s to …

Attend alcohol safety schools.

DWI Laws require anyone convicted of DWI to …

Obtain a substance abuse assessment prior to the reinstatement of driving privileges.

What happens if you are convicted of DWI while your license is revoked for an EARLIER DWI conviction?

Court may order your vehicle seized & sold.

If you are convicted of DWI: FIRST CONVICTION

Revocation of driver license for ONE YEAR.

If you are convicted of DWI: SECOND CONVICTION

A driver’s license will be automatically revoked for FOUR YEARS if the driver is convicted of a new offense that happened within three years of a previous offense.

If you are convicted of DWI: THIRD CONVICTION

Permanent driver license revocation if at least one of the prior convictions occurred within the past five years.

If you are convicted of DWI: FOURTH CONVICTION

Permanent driver license revocation. Considered a felony if three prior DWI convictions occurred within past seven years.

In what situation will a BAC restriction be required?

License restored following suspension for DWI or when Limited Driving Privilege is issued following DWI conviction.

On the first restoration, the BAC restriction is …

0.04%

On a second restoration, the BAC restriction is …

0.00 !!!

In what other scenarios will the BAC restriction be 0.00% ?

• DWI conviction in commercial motor vehicle.

• Driving after using alcohol or drugs under 21 y/o.

• Felony death by vehicle

What situations require the installment of an ignition interlock device in a vehicle?

• DWI with BAC of 0.15% or more.

• Another conviction within past seven years.

What is the legal age to purchase any alcoholic beverage in NC?

It is illegal to purchase / attempt to purchase alcohol under 21.

The law requires a one-year driver license revocation upon conviction for:

1. Underage person attempts to buy or buys alcohol

2. Underage person helps or encourages another to purchase alcohol

3. Underage person uses false ID or driver license to buy or try to buy alcohol

4. Allowing underage person to use your ID or driver license to buy or try to buy alcohol

5. Giving alcohol to underage person

What is the consequence for a person under 21 who drives with ANY amount of alcohol or drugs in their body?

License revoked for one year/