Liability for Crashes Caused by Impaired Driving in North Carolina

A drunk driving accident can change your life in an instant. Victims often face serious physical injuries, emotional trauma, and unexpected financial stress, all because someone chose to get behind the wheel while impaired. In North Carolina, the law is clear: impaired drivers can and should be held liable.

This article explains how NC car accident laws apply in drunk driving cases, who may be held liable, and what legal options are available to help victims pursue the compensation they deserve. If you or a loved one has been affected by an impaired driving crash, understanding your rights is the first step toward recovery.

Under North Carolina Driving While Impaired (DWI) laws, “driving while impaired” means operating a vehicle while under the influence of any substance that affects your ability to do so safely. This includes alcohol, illegal drugs, prescription medications, and Schedule I controlled substances, such as marijuana, LSD, ecstasy, or opiates. There is no legal difference between DUI (driving under the influence) and DWI in North Carolina.

Driving while impaired in NC does not require that your vehicle be in motion. If you are in physical control of a vehicle, even just sitting in the driver’s seat with the keys, you can be charged.

BAC Levels

It is illegal to drive in North Carolina if your blood alcohol concentration (BAC) is 0.08 or higher. For commercial drivers, the limit is 0.04. The state’s implied consent law means that by driving, you agree to submit to a BAC test if an officer has reasonable suspicion you’re impaired. Refusing a test can result in penalties, even without a DWI conviction.

Zero Tolerance

North Carolina enforces zero-tolerance policies for specific groups:

• Drivers Under 21: If a driver is under the age of 21, any detectable alcohol or illegal drugs in their system can lead to a Class 2 misdemeanor. A first offense may result in an immediate 30-day license revocation. Refusing a chemical test can still lead to a conviction based on the officer’s observations.
• Commercial Drivers: A first offense can result in a 10-day disqualification. Repeat offenses may lead to full license revocation.
• Drivers of School Buses or Childcare Vehicles: These drivers are strictly prohibited from consuming any alcohol before driving.

Misdemeanor DWI Levels in North Carolina

Penalties for a misdemeanor DWI depend on the severity of the offense:

• Level V: Fine up to $200; 24 hours to 60 days in jail (may be suspended with 24 hours in jail, community service, or a 30-day driving restriction)
• Level IV: Fine up to $500; 48 hours to 120 days in jail (may be suspended similarly)
• Level III: Fine up to $1,000; 72 hours to 6 months in jail
• Level II: Fine up to $2,000; 7 days to 1 year in jail (sentence cannot be suspended)
• Level I: Fine up to $4,000; 30 days to 2 years in jail (sentence cannot be suspended)

Felony DWI in NC

A fourth DWI offense within 10 years is charged as habitual impaired driving—a Class F felony—with a mandatory 1-year prison sentence that cannot be suspended. The offender must also complete a substance abuse program.

Felony charges can also apply when an impaired driver causes serious injury (Class F felony) or death (Class D felony). In addition, repeat offenders may have their vehicle seized at the time of arrest if their license was already revoked for a prior DWI.

In most drunk driving accidents, the impaired driver is legally responsible. Civil liability can require them to pay for medical expenses, lost income, property damage, and pain and suffering. Civil cases are separate from criminal prosecutions, which aim to punish the offender.

Other parties may also bear responsibility. Bars or restaurants that overserve visibly intoxicated patrons may be liable under dram shop laws. A vehicle owner who allows an impaired person to drive could also face legal consequences.

Note: Criminal charges for North Carolina car accidents are handled by the state and can result in jail time or fines, but do not provide financial compensation to victims. That requires a civil car accident claim.

A qualified attorney can investigate your case, determine all liable parties, and build a strong legal strategy. This comprehensive approach can significantly impact the compensation you receive.

Understanding Contributory Negligence in North Carolina

North Carolina applies a strict rule called pure contributory negligence. If you’re found even 1% at fault for your injuries, you may be barred from recovering compensation.

This is particularly relevant for passengers in a drunk driving accident. If you knowingly rode with an impaired driver, the driver’s attorneys may argue that you share responsibility. If that claim succeeds, it could block your right to recovery entirely.

Working with an experienced car accident lawyer is essential to protect your rights and counter such defenses.

North Carolina law allows victims of drunk driving car accidents to seek compensation through personal injury claims. These may include:

• Economic Damages: Medical bills, lost wages, and property damage
• Non-Economic Damages: Pain, emotional distress, and reduced quality of life
• Punitive Damages: In cases where the driver’s conduct was especially reckless

There is no set amount you can recover in a drunk driving case. Compensation depends on the specifics of your situation, including injury severity, the impact on your life, and the drunk driver’s actions.

How a Lawyer Can Help You After a Drunk Driving Crash

Drunk driving accident cases are often emotionally overwhelming and legally complex. At Miller Law Group, we understand how to navigate these challenges, and we’re here to help.

From collecting evidence to fighting for the maximum compensation, we handle the details so you don’t have to. We also protect you from unfair settlement offers and make sure your voice is heard every step of the way.

You’ve been through enough. Let us take it from here. Contact Miller Law Group today for a free consultation about your case and let us help you get the compensation you deserve.