north carolina dwi

July 8, 2026

Underage DUI in North Carolina | Driving After Consuming Under 21

North Carolina treats a driver under 21 who has alcohol in the system very differently from an adult. For an adult, the question is impairment or a 0.08 reading. For anyone who has not turned 21, N.C.G.S. § 20-138.3 makes it a crime to drive on a highway or public vehicular area while consuming alcohol, or at any time while any previously consumed alcohol or controlled substance remains in the body. The State does not have to show impairment. The presence of alcohol is the offense.

People search for this as underage DUI or underage DWI, and the terms are worth sorting out before anything else. North Carolina’s formal name for the adult offense is impaired driving under N.C.G.S. § 20-138.1, and neither acronym of DUI nor DWI is referenced within statute. It does refer to driving “while under the influence of an impairing substance,” which many folks understand as “DUI.” The underage charge (N.C.G.S. § 20-138.3) is a separate offense with its own name, driving after consuming under 21, and it is not technically an impaired driving charge at all. That distinction is not academic. The two offenses are proven and punished in different ways, and the difference works in real cases.

June 25, 2026

Two Pending DWI Charges in North Carolina | Indefinite Revocation

by Carolina Attorneys

Two pending DWI charges in North Carolina can create a license problem that comes as a shock, because a substantial consequence lands before either case is decided. The criminal exposure usually gets the attention. Jail, probation, community service, fines, court costs, substance abuse assessment, treatment, and insurance consequences may all be part of the discussion. The harder reality is what happens to the license while both cases remain pending.

Pursuant to N.C.G.S. § 20-16.5, a second pending DWI may keep the license revoked indefinitely, even after the first 30-day civil revocation has already ended. The driver is kept off the road before any conviction, on charges that have not yet been proven.

For many defendants, that result feels like a penalty imposed before the State has proven its case. The civil revocation is not without Due Process of Law. It rests on a judicial determination that the statutory conditions for civil revocation have been met, and the law provides a right to a hearing to contest it.

May 13, 2026

Proof of DWI Charges in North Carolina | Operation of a Vehicle

by Carolina Attorneys

Proof of DWI charges in North Carolina does not always require an officer to see the vehicle move or the defendant behind the wheel. In State v. Trexler, the North Carolina Supreme Court sets forth what evidence can prove the operation of a vehicle (a prima facie essential element of the offense) when law enforcement arrives after a crash and determines who was driving from statements, including confessions, physical and forensic evidence, witness observations, and the surrounding circumstances.

Trexler matters because of the State’s Burden of Proof. An overturned vehicle, signs of impairment, a breath test result, and a defendant’s statements may be enough in one case, but not so in another. The legal question (and factual inquiry) involves whether the evidence proves more than the defendant’s mere presence near a wrecked car supports a reasonable inference, sometimes predicated on circumstantial evidence, that the person charged actually drove while impaired.

TL;DR | Trexler, Prima Facie Proof of Operation, Corpus Delicti, and the State’s Burden

November 16, 2025

Breath, Blood, Bull: Challenging NC DWI SFSTs

by Carolina Attorneys

This post continues the Breath, Blood, and Bull series, an in-depth look at how science, procedure, and perception collide in the prosecution and defense of DWI cases in North Carolina. The first installment examined the limits of chemical testing. The second article turned to the machines that interpret alcohol breath samples into evidence, using the “breathalyzer.” This post focuses on the field sobriety tests or “SFSTs” that often precede BAC testing.

Standardized Field Sobriety Tests (SFSTs) are a battery of three roadside exercises: Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS), designed by NHTSA to gauge impairment.

When prosecutors rely on Standardized Field Sobriety Tests to support a DWI charge, the assumption is that these dexterity exercises offer reliable, objective proof of impairment. Yet the science tells a more complicated story.

August 13, 2025

Stress, Cortisol, and North Carolina DWI Charges

by Carolina Attorneys

Cortisol, often referred to as the primary stress hormone, is produced by your adrenal glands in response to stressful situations, including anxiety-provoking encounters such as traffic stops, arrests, and DWI charges.

Cortisol plays an important role in regulating energy by promoting gluconeogenesis, the production of glucose from non-carbohydrate sources, and mobilizing glycogen stores.

During acute stress, elevated cortisol levels help ensure that your body has enough energy to manage the perceived threat.

March 15, 2025

The Role of Expert Testimony in North Carolina DWI Cases

by Carolina Attorneys

Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, blood tests, and standardized field sobriety tests.

Given the scientific, forensic, and at times highly technical aspects of impaired driving cases, testimony may include qualification in court of expert witnesses and consideration of NC Rule of Evidence 702 (the rule governing experts and expert testimony). In some circumstances, the formal process of qualification is not required if the police officer is certified by the State of North Carolina as a DRE – Drug Recognition Expert. It can, frankly, prove to be a complicated area of law.

At Powers Law Firm, our attorneys understand the impact that credible experts can have in DWI trials and how critical it is to get reliable evidence before the finder of fact. That may entail both challenging the State’s attempts to tender a police officer as an “expert” and introducing a defense expert to counter the conclusion of the State’s witness and their expert testimony.

February 22, 2025

Understanding Field Sobriety Tests in North Carolina: The Role of HGN, Walk-and-Turn, and One-Leg Stand

by Carolina Attorneys

When a law enforcement officer in North Carolina suspects impaired driving, they may conduct Standarized Field Sobriety Tests (SFSTs) to gauge whether enough evidence exists for an arrest or further chemical testing. Roadside dexterity tests—commonly the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test—remain a subject of debate. Questions arise about whether these tests are truly “standardized,” whether they reliably they measure impairment or are overly subjective, and how courts treat SFSTs as evidence.

This post explains some of the history of SFSTs, what each test entails, and why a DUI defense lawyer might challenge how an officer administered them. If you have been asked to perform SFST or want legal advice on DWI defenses, call or text the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com. An informed understanding of roadside tests may help in deciding how to respond during a traffic stop and in developing a defense strategy tailored to the specifics of your individual DUI charges.

Field Sobriety Tests: Table of Contents

February 11, 2015

Telling Truth To Lawyer

by Carolina Attorneys

https://www.youtube.com/watch?v=0vaA-zMKxu8

Modified Transcript of “Telling Truth To Lawyer” for Hearing Impaired:

In criminal cases, whether it’s a DUI or a misdemeanor, even a felony – heck, even traffic tickets – it’s not unusual to have a client later fess up when they’re talking to us in the office and say “I didn’t tell the truth to the officer.” Now, that’s not unusual. People get nervous. They don’t always answer the right way.