How Many Drinks Can Someone Have in an Hour and Still Drive in NC? 2024

Driving while intoxicated (DWI) is highly illegal in all 50 states. If you are ever pulled over for a suspected DWI and arrested, the consequences for your life going forward could be considerable. Everyone has a different level of alcohol tolerance, and some may believe that they have a special threshold they can reach that prevents them from driving drunk. How many drinks can someone have in an hour and still drive in North Carolina?

In short, it doesn’t matter. Regardless of how many drinks you may have had in an hour, and regardless of how well you think you are able to drive after that hour, you are considered legally intoxicated under state law if you have a blood alcohol content (BAC) of at least 0.08%. It doesn’t matter how many drinks you’ve had or how sober you think you might be. If your blood alcohol content reaches that limit and you are pulled over, you will likely be arrested for a DWI.

North Carolina’s DWI Sentencing Levels

The state punishes DWIs in various degrees, or levels. Depending on the severity of your offense, the level of your BAC, and whether or not this is your first offense, you could be looking at severe penalties for your situation.

If you are ever arrested for a DWI, you should immediately reach out to a DWI lawyer who can help you figure out your next moves and start developing your defense strategy. Here are the five possible levels of misdemeanor DWI offense you could be charged with:

1. Level V: The fifth level is the least serious penalty you could be charged with in a DWI situation. You could be looking at a maximum fine of $200 and a maximum jail sentence of 60 days. Provided you spend 24 hours in jail, 24 hours in community service, or don’t operate a vehicle of any kind for 30 days, the judge could suspend your sentence.
2. Level IV: The fourth level is a bit more serious, so the penalties are slightly larger. You could be looking at a maximum fine of $500 and a maximum jail sentence of 120 days, with a minimum of 48 hours. Provided you spend 48 hours in jail, 48 hours in community service, or don’t operate a vehicle of any kind for 60 days, the judge could suspend your sentence.
3. Level III: At the third level, things start getting even more serious. You could be facing a maximum fine of $1,000 and a maximum jail sentence of six months, with a minimum of 72 hours. Provided you spend 72 hours in jail, 72 hours in community service, or don’t operate a vehicle of any kind for 90 days, the judge could suspend your sentence.
4. Level II: At the second level, the penalties rise substantially. You could be facing a maximum fine of $2,000 and a maximum jail sentence of one year, with a minimum of seven days. At this point, the judge cannot suspend your sentence at the minimum level, which means you will most likely be facing jail time.
5. Level I: This is the most serious level of penalty for a misdemeanor DWI. You could be looking at a maximum fine of $4,000 and a maximum jail sentence of two years, with a minimum of 30 days. At this point, the judge cannot suspend your sentence at the minimum level, which means you will most likely be facing jail time. This level is largely reserved for repeat offenders and impaired drivers transporting young children.

FAQs

What Is the Blood Alcohol Limit to Drive?

The blood alcohol content limit in North Carolina is 0.08%. Once you’ve reached that or anything above it, you are considered legally drunk and are unable to legally operate a vehicle of any kind. If you are a commercial driver, the limit is 0.04%. Some people may be noticeably impaired with a smaller BAC, as they may have a lower tolerance. A good rule of thumb is to never drive if you are feeling even a little drunk.

Can You Drive if You Have One Drink Per Hour?

No, you cannot drive if you have one drink per hour. Alcohol is often absorbed into the bloodstream quickly. Having even a single drink can affect your motor skills and impair your driving ability. Regardless of how well you try and pace yourself, you should never try to drive drunk. You could risk your safety, as well as the safety of every driver and pedestrian you encounter.

What Is a Level I DWI?

A Level I DWI in North Carolina is the highest possible penalty that one can receive for a misdemeanor DWI offense. You could be charged with a Level I if you had a child in the car with you at the time of your arrest, you have had three or more convictions for a DWI in the past 10 years, or if you caused a serious accident.

What Is the Zero Tolerance Law?

The state’s zero tolerance law is in place to prevent minors under the age of 21 from drinking and driving. If a minor is pulled over and found to have any alcohol or drugs in their system, regardless of their blood alcohol content, they could face severe penalties. If they are charged with underage consumption, their license will be revoked for 30 days, among other consequences.

Contact a DWI Lawyer Today

It can be embarrassing and frustrating to be charged with DWI. You may be feeling like you have no options. You may want to reach out to an experienced DWI lawyer to learn what you can do to fight the charges against you and start laying the groundwork for your defense strategy. The legal team at Ganly & Ramer, P.L.L.C., knows the most effective way to help you with your case. Reach out to us today to speak with a valued team member about your case.