Alcohol and the Law, and Your Driving Privilege: DWI, Chemical Tests and Refusal, Revocations, BAC Restrictions, Underage Alcohol, the Point System, Suspensions, Hearings, Failure to Appear, Provisional Licensees and Restoration
Written for aiforu2 as the source for a practice-test bank and the on-device tutor for the North Carolina driver license knowledge test. The facts follow the official handbook; the wording is ours.
Source: North Carolina Driver Handbook, N.C. Division of Motor Vehicles, revised May 2025, chapter 2 "Alcohol and the Law" (pp. 31–34) and chapter 3 "Your Driving Privilege" (pp. 35–40).
Driving While Impaired
Everyone is impaired at a blood alcohol concentration (BAC) of 0.08 percent, and many people much lower; crash risk rises at 0.05. The Safe Roads Act of 1983 replaced every earlier drunk-driving law with one offense, Driving While Impaired (DWI). Charged with DWI, you will be asked for a chemical test of breath or blood. Refusing means an immediate revocation of at least 30 days plus a DMV revocation of at least 12 months; in some cases a judge may grant a limited driving privilege after six months of the refusal revocation. A test of 0.08 or more (0.04 in a commercial vehicle) brings an immediate revocation of at least 30 days, and both the result and a refusal are admissible in court.
DWI is proved either by showing that physical or mental faculties were appreciably impaired by alcohol, drugs or both, or by a BAC of 0.08 or more (0.04 commercial). DWI laws allow checkpoints; forbid drinking any alcohol, including beer, while driving; forbid an open container in the passenger area; forbid any alcohol, open or closed, in the passenger area of a commercial vehicle; scale punishment to the offense; require jail for a second conviction; require assessment of repeat and high-BAC offenders; require alcohol safety school for lower BACs; and require a substance abuse assessment before any DWI offender's license is restored. A DWI committed while revoked for an earlier DWI can lead to the vehicle being seized and sold.
Revocations for DWI: first conviction one year; second four years when the prior offense was within three years; third permanent if a prior conviction was within five years; fourth permanent, and a felony if the three priors fall within seven years.
BAC restrictions: a license restored after a DWI, or a limited privilege after a DWI, carries an alcohol restriction of 0.04 on the first restoration and 0.00 on any later one; DWI in a commercial vehicle, driving after consuming under 21, and felony death by vehicle also bring 0.00. A DWI at 0.15 or more, or another conviction within seven years, requires an ignition interlock.
Alcohol and the young driver
The purchase age is 21. A one-year revocation follows conviction for an underage person buying or trying to buy alcohol, helping another do so, using a fake or borrowed ID to get it, lending an ID to an underage buyer, or giving alcohol to an underage person. A driver under 21 convicted of driving with any amount of alcohol or drugs in the body loses the license for one year.
Driver license points
Convictions add points to your record. At seven points you may be sent to a driver improvement clinic ($83.50), which removes three points when completed. Twelve points in three years can suspend the license, and eight points within three years of reinstatement can bring a second suspension. Point suspensions last 60 days (first), six months (second) and 12 months (third); reinstatement clears all points, though not insurance points, which insurers count separately.
| Points | Conviction |
|---|---|
| 5 | Passing a stopped school bus; aggressive driving |
| 4 | Reckless driving; hit and run with property damage only; following too closely; driving on the wrong side; illegal passing; failing to yield to a pedestrian in a crosswalk; failing to yield to a bicycle, motor scooter or motorcycle |
| 3 | Running a stop sign; speeding over 55 mph; failing to yield; running a red light; no license or expired over one year; failing to stop for a siren; driving through a safety zone; no liability insurance; failing to report a crash when required; speeding in a school zone |
| 2 | Failing to restrain a child; all other moving violations |
| 1 | Littering from a motor vehicle |
Convictions in a commercial vehicle carry higher points (passing a school bus 8, rail crossing violations and speeding under G.S. 20-141(j3) 6) and fines may be doubled. No points are assessed for overload, overlength, overwidth or overheight, illegal parking, carrying a concealed weapon, improper plates or registration, an improper muffler, improper plate display, unlawful emblems, or a missing inspection certificate.
Suspensions
Beyond court penalties, DMV suspends for certain convictions. Speeding more than 15 mph over the limit while going faster than 55 mph costs the license at least 30 days; a second such offense within a year, or speeding plus reckless driving on the same occasion, 60 days. DMV may also suspend for two convictions of speeding over 55 within 12 months, one speeding-over-55 plus one reckless driving within a year, willful racing (prearranged or not), a court sentence barring driving, or in some cases speeding over 75 mph. DMV may act as soon as the court reports the conviction. You may request a hearing in your judicial district and, if that fails, appeal within 30 days to the Superior Court of your county.
| Offense | Suspension |
|---|---|
| Manslaughter; death by vehicle; assault with a motor vehicle; failing to stop and give aid after a crash; speeding over 55 and 15 over to avoid arrest; willful refusal of a blood or breath test; two reckless driving charges in 12 months; getting a license or permit by false pretense | 1 year |
| Manslaughter while impaired | Permanent |
| Prearranged racing; watching, betting on or lending a car for prearranged racing (the vehicle is seized and may be auctioned) | 3 years |
| Failing to yield at an intersection, stop or yield sign, roadway entrance, emergency vehicle or work zone, causing serious bodily injury | 90 days and $500 |
If the court finds a longer period appropriate, DMV revokes for two years. Out-of-state convictions count as if they happened here. Failure to appear in court or pay a fine, here or in another state, brings a revocation that lasts until the court reports the citation resolved; you can prevent it by asking the court to reduce or waive what you owe (Motion for Relief, AOC-CR-415, with a hearing) or by paying in full, after which the court notifies DMV.
Provisional licensees
A driver under 18 is suspended 30 days for a second moving violation in 12 months, 90 days for a third, and six months for a fourth. Moving violations include passing a school bus, reckless driving, hit and run, following too closely, wrong side of the road, illegal passing, running a stop sign or red light, failing to yield, failing to stop for a siren, and speeding.
Restoration
A suspension or revocation is cleared only after a $83.50 restoration fee ($167.25 after a DWI; none after a medical cancellation) plus a $50 service fee unless the license was surrendered to the court or mailed to DMV before the effective date. To be reinstated, visit a driver license office, prove identity, pay the fees, reapply, take any required tests, show proof of insurance if required, and pay for the new license.
Practise this with North Carolina Driver License questions
More of this guide
The vision, signs, knowledge and road tests and the three-point turnabout, adult and motorcycle learner permits, regular and commercial classes, Levels One, Two and Three of graduated licensing with their hours, curfews and passenger limits, the Driving Eligibility Certificate, required documents and proof of insurance, REAL ID, the 60-day rule for new residents, renewal, duplicates and fees.
Drowsy driving warning signs and limits, the texting ban and the under-18 phone ban, medications and alcohol's effects, the seat belt law and its exemptions, child restraints for children under 8 and 80 pounds, rear seats for children under 5, boosters, air bags at 200 mph, the FMVSS 218 helmet law, children in pickup beds and hot cars.
Pedestrian right-of-way in marked and unmarked crosswalks and the horn rule, the 45 mph school bus limit and the five stopping scenarios, yielding to emergency vehicles and the 100-foot, one-block and fire-hose rules, the Move Over law, what to do when police stop you, passing farm equipment, and funeral procession rules.
Stopping distance at 55 mph, the 35, 45, 55 and 70 mph limits, curves and turns, the two-second rule, passing with the horn and two feet of clearance, where passing is illegal, passing on the right, backing at 10 mph, where you may not park, right-of-way at intersections, roundabouts, stopping 15 to 50 feet from the tracks and the blue emergency sign, bicycle lanes, city, rural and interstate driving.
Headlight, taillight, plate light and brake light distances, brakes, ABS, tires, horn and muffler rules, scanning and blind spots, hand signals and the 100- and 200-foot signal rule, black-on-orange work zone signs, headlights at 400 feet, rain and the first 15 minutes, hydroplaning at 30 mph, six and twelve inches of flood water, snow and ice, wildlife, brake and gas pedal failures, blowouts, breakdowns, skids, and what to do and report after a crash.
Circular and arrow signals, right turn on red and the pedestrian fine, dark signals treated as all-way stops, flashing signals, flashing yellow arrows, ramp meters and hybrid beacons, the octagon, triangle, pennant, diamond, round and pentagon signs, route markers and blue service signs, yellow and white lines, edge lines, two-way left-turn lanes, reflective markers and traffic officers' signals.
Bicycles as vehicles and their lights and helmet rules, walking facing traffic, truck No-Zones of 20 and 200 feet, RVs and trailers, passing motorcycles and mopeds, the moped definition and registration, littering fines, driver record fees, registration and plate rules, the 30/60/25 insurance minimums, the 30-day plate revocation, annual inspections within 90 days, emissions exemptions, window tint and Tag and Tax Together.