NC Traffic Law Blog

Most people have heard the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired), but what’s the difference between the two? In some states, these are two separate charges with different meanings; however, in North Carolina the law is a little different.

In North Carolina, DWI is the only charge the law uses. It covers all types of impaired driving—whether it’s from alcohol, illegal drugs, prescription medicine, or even a mix of substances.

That means if you’re pulled over and charged with impaired driving, the official charge will always be DWI, no matter what caused the impairment. The term DUI may be used in conversation, but it does not exist under North Carolina law.

What is a DWI?

Under N.C. Gen. Stat. § 20-138.1, you can be charged with DWI if you drive a vehicle on a road or public area while:

1. Having a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers, and any amount for drivers under 21), or
   
   
2. Being noticeably impaired by alcohol or drugs—even if your BAC is below 0.08%.
   
   

This means you don’t have to be legally “over the limit” to be charged. If the officer believes your ability to drive is clearly affected, you can still face a DWI.

What is a DUI?

Even though North Carolina only uses the term DWI, you’ll still hear people say DUI. That’s because DUI is the term used in many other states, as well as in movies, TV shows, and the news. It has become a common word for drunk driving, even though it isn’t legally correct in North Carolina.

Penalties for DWI

North Carolina uses a level system for sentencing for DWIs. Levels range from Level 5 (least severe) to Aggravated Level 1 (most severe). Judges look at things like your BAC, whether you were driving recklessly, if anyone was hurt, or if you have past DWI convictions.

Possible penalties include:

• Fines between $200 and $10,000
  
  
• Jail time from 24 hours up to 3 years
  
  
• Loss of your driver’s license
  
  
• Alcohol or drug education and treatment
  
  
• Ignition interlock device on your car (breathalyzer to start your car)
  
  

The Bottom Line

In North Carolina, there is no difference between “DUI” and “DWI” in casual conversation. The law only uses the term DWI, and it applies to driving under the influence of alcohol, drugs, or both. While many people still say DUI, the official charge in court will always be DWI.

If you are charged with DWI in North Carolina, it’s important to understand how serious it is and to talk to an experienced traffic attorney who can help you through the process.