The Law DRIVING WHILE IMPAIRED IN NORTH CAROLINA (portions from the NC DOT/DMV Driver’s Handbook) In 1993, the North Carolina General Assembly enacted the Safe Road Act. This act repeated all previous laws on drunk driving in North Carolina and replaced them with a single offense of “Driving While Impaired or DWI. Remember, driving is a privilege, not a right. By the act of obtaining a driver’s license in this state, the driver gives permission to the state to conduct a chemical or breath test for the presence of an impairing subject if suspected of driving while impaired by any law enforcement officer. Refusal to perform any required test results in the immediate revocation of your driver’s license for at least 30 days and an additional minimum 12 months, even if you are found not guilty in a court of law. In certain cases, a judge may issue a limited driving privilege. If your intoxication test shows an alcohol concentration in excess of 0.08 percent (0.04 percent if driving a commercial vehicle), you driving license will be revoked immediately for a minimum of 30 days. Additionally, the results of your chemical test or the fact that you refused to take the test, will be admissible as evidence in court. Driving while impaired can be proven in two ways: 1. By proving the driver’s physical or mental fitness were appreciably impaired by alcohol, drugs or a combination of both; and 2. By proving the driver’s blood alcohol concentration is 0.08 percent or more.

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