Underage DWI Laws in North Carolina

If your child or loved one is facing charges under North Carolina’s tough underage DWI laws, you’re likely feeling overwhelmed and uncertain about what comes next. With the state’s reputation for enforcing some of the strictest rules for young drivers, the stakes can feel incredibly high. But don’t panic—understanding these laws is the first step to protecting their future. Let’s unravel the complexities of North Carolina’s approach to underage drinking and driving so you can make confident, informed decisions.

Legal Framework for Underage DWI in North Carolina

North Carolina enforces a zero-tolerance policy for drivers under 21 years of age. That means that any underage individual who drives after consuming alcohol or illegal drugs can be charged, even if their blood alcohol concentration (BAC) is below the legal limit for adults.

Drivers over 21 years old are subject to a legal BAC limit of .08% for DWI. But prosecutors can charge drivers under 21 with underage DWI for any measurable amount of alcohol or illegally used drugs in their system. It takes little more than one drink to face criminal charges in Beaufort or anywhere else in North Carolina. 

But that’s not all. Underage drivers are also subject to the state’s implied consent law. This means that by operating a vehicle, they have already agreed to chemical testing—such as a breath or blood test—if law enforcement suspects impairment. If they refuse, it doesn’t necessarily mean they escape charges. In fact, if a person under 21 in North Carolina refuses chemical testing, the law allows a conviction based on other evidence, like the odor of alcohol, even without a chemical test result.

Penalties for Underage DWI 

A conviction for breaking underage DWI laws in North Carolina can lead to harsh and immediate consequences that follow a young person for years. Some of the potential consequences include the following:

• Pretrial revocation—even before conviction, any amount of alcohol can lead to a mandatory 30-day license revocation;
• Criminal charge—the law classifies underage DWI as a Class 2 misdemeanor;
• License suspension—a conviction results in a one-year license revocation;
• Limited driving privileges—some first-time offenders age 18 or older may be eligible for some restricted driving privileges; and
• Jail time and fines—judges can impose up to 60 days in jail and monetary penalties depending on the case.

These penalties reflect North Carolina’s commitment to deterring impaired driving among young drivers. Unfortunately, such penalties can significantly complicate school, jobs, and future opportunities.

Why “Zero Tolerance” Really Means Zero

So, what does “zero tolerance” mean for drivers under 21 in NC? It means there is no legal margin for error. The state draws a hard line: if you’re underage and have consumed any alcohol or illegal drugs, you’re breaking the law the moment you turn the key in the ignition.

Officers are trained to identify signs of impairment, such as slurred speech, bloodshot eyes, or simply the smell of alcohol. A young driver doesn’t need to be falling down drunk, or even close, to be arrested. Even refusing a test doesn’t offer protection; it may worsen the situation since it triggers automatic penalties and does not prevent conviction.

In certain situations, a driver under 21 may face charges for both driving after consuming alcohol under 21 in NC and driving while impaired, particularly if their BAC meets or exceeds the adult DWI standards. 

Trusted Legal Defense Rooted in the Beaufort Community 

If you or a loved one is facing underage DWI charges, don’t gamble with the outcome. These cases can be complex, and the stakes are high. You need legal representation that is both knowledgeable and well-connected to the local legal landscape.

Tetterton Law Firm, PLLC, situated directly across from the courthouse in Beaufort, offers exactly what you need. Established by Joshua Tetterton, a lifelong North Carolinian with extensive experience defending criminal and traffic cases, our firm is grounded in trust, clear communication, and customized legal strategies. Joshua brings a wealth of courtroom 

knowledge and a practical understanding of Carteret County’s legal system.

Contact Us for a Free Consultation Today 

Facing charges for underage drinking and driving in Beaufort or the surrounding area? Contact Tetterton Law Firm, PLLC today for a confidential consultation and take the first step toward safeguarding your rights and your future.