top of page

North Carolina Could Lower the Legal DWI Limit

Coastal South Law



Over the past few days, numerous sources have reported that the Tar Heel State could soon make it easier than ever to face a DWI charge. A new law could lower the legal limit, potentially making it a criminal offense to drive while under the influence of a single drink. What does this new change mean for you? How can you defend yourself against a DWI in North Carolina? Could a defense attorney help you prove your innocence? 


The Sober Operator Act 


The Sober Operator Act will be reintroduced in 2025, potentially reducing the legal limit for alcohol intoxication behind the wheel in North Carolina. The main idea is simple: Reduce the maximum BAC level from 0.08% to just 0.05%. In other words, this law would make it easier to face a DWI charge – even after drinking a relatively small amount of alcohol. 


However, there are many other aspects of the Sober Operator Act to consider. This law would also enforce an automatic, 30-day license suspension for anyone who refuses chemical analysis after being accused of driving while intoxicated. The financial penalties for a DWI conviction would also increase, and defendants can expect to pay more fines if caught driving drunk. 


Finally, roadside fluid testing would become legal if the Sober Operator Act passes into law. Representatives say that these tests would involve “DNA swabbing” and “stuff like that.” The purpose of these tests would be to determine whether you have any intoxicating substance in your system (not just alcohol). 


Supporters of this Bill say that it is necessary because so many people are driving drunk in North Carolina. Law enforcement says that among those who consent to roadside alcohol tests, the average BAC is now 0.15%. 


This Bill Has a Long History


Reducing the BAC limit from 0.08 to 0.05 might sound radical, but it is something the National Transportation Safety Board has recommended for over a decade. It was also first introduced in North Carolina one year ago, so it is hardly a new idea. In addition, other states (most notably Utah) have taken similar steps. Although the statistics are not completely convincing, lawmakers in Utah claim that this change has reduced traffic fatalities without a spike in DWI arrests. 


It is also worth noting that the Bill failed to pass in North Carolina one year ago. So what makes lawmakers think this time will be any different? First, supporters are optimistic because of a new administration in the caucus of the state house. In addition, they say that many other states are taking similar steps – and so this Bill is seen as less radical in 2025.


Can a North Carolina DWI Defense Attorney Help Me?


If you are facing a DWI in North Carolina, contact an experienced defense attorney at your earliest convenience. These legal professionals may be able to help you mitigate your consequences or avoid criminal penalties altogether. Although DWI laws could soon change in the Tar Heel State, the same basic defense strategies apply. Speak with Coastal South Law today to learn more about these strategies. 

2 views0 comments

Comentarios


Telephone: (910) 253-0411

Fax: (910) 613-4033

Coastal South Law

BRUNSWICK COUNTY
3972 Business Hwy 17 East, Unit E
Bolivia, NC, 28422

Coastal South Law

NEW HANOVER COUNTY
414 Chestnut St, Unit 303

Wilmington, NC, 28401

Hablamos Espanol

    bottom of page