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If you’ve been pulled over for impaired driving in North Carolina, you’ve probably heard both “DWI” and “DUI” used as if they were two different charges. They aren’t. In North Carolina there is only one impaired-driving offense, and the term the law actually uses is DWI. Here’s what each term means, why people still say “DUI,” and why the label doesn’t change what you’re up against.
DWI vs. DUI: The Short Answer
“DWI” stands for Driving While Impaired; “DUI” stands for Driving Under the Influence. Many other states charge a “DUI,” and the term is everywhere in TV shows, movies, and everyday conversation — so North Carolinians often use it out of habit. But North Carolina does not have a separate “DUI” charge. The state long ago combined its impaired-driving offenses into a single crime — DWI — defined under North Carolina General Statute § 20-138.1. So whether a friend, an officer, or a news story calls it a DUI or a DWI, in North Carolina it refers to the same offense.
What North Carolina Actually Charges
Under § 20-138.1, it is illegal to drive on any public street, highway, or public vehicular area in North Carolina:
- With a blood alcohol concentration (BAC) of 0.08% or higher;
- While under the influence of any impairing substance — alcohol, drugs, or a combination; or
- With any amount of a Schedule I controlled substance in your body.
The limits are stricter for some drivers: commercial drivers can be charged at 0.04% BAC, and drivers under 21 face a zero-tolerance rule — any detectable alcohol can lead to a charge.
Different Names, Same Stakes
The word used to describe the charge doesn’t change how serious it is. A North Carolina DWI is sentenced on a six-tier system, with penalties ranging from fines and license suspension to substantial jail time, depending on the aggravating and mitigating factors in your case. For the full breakdown of DWI punishment levels, factors, and penalties, see our Carteret County DWI defense page.
Other Impaired-Driving Offenses in North Carolina
DWI” is the main charge, but North Carolina has related offenses you may hear about, including commercial-vehicle DWI, underage (zero-tolerance) violations, and boating while impaired (BWI). Each has its own rules, but all treat impairment seriously.
Charged With a DWI in Carteret County?
Whether your paperwork says DWI or someone called it a DUI, the charge — and the defense — is the same. At Hancock Law Firm, attorney Joel Hancock represents people facing DWI charges in Beaufort, Morehead City, and throughout Carteret County. We review whether the stop was lawful, whether testing was done correctly, and whether your rights were respected. Learn more about our DWI defense or contact us for a free, confidential consultation.