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In North Carolina what penalty can be imposed if convicted of drunk driving under 21? Jail time?

From what we have read in North Carolina an Underage DWI is a Class 2 misdemeanor. A first offense is punishable by one to 30 days of community punishment, and the offender may also be required to pay a fine of up to $1,000. Second, third, fourth, and fifth offenses are punishable by one to 45 days of community, intermediate, or active punishment. A judge may, however, punish the underage offender under the DWI laws applicable to adult offenders.

The NC Driver's Handbook states that the legal age to purchase any alcoholic beverage in North Carolina is 21. It is against the law for any person who is younger than 21 years of age to purchase or to attempt to purchase alcohol.

The law requires a one-year driver license revocation upon conviction for:

  • any underage person who attempts to purchase or purchases an alcoholic beverage;
  • any underage person who aids or abets another who attempts to purchase or purchases an alcoholic beverage;
  • any underage person who obtains or attempts to obtain alcoholic beverages by using or attempting to use a fraudulent driver license or other I.D. or another person's driver license or I.D;
  • any person who permits his or her driver license or any other I.D. to be used by an underage person to purchase or attempt to purchase an alcoholic beverage.
  • any person who gives an alcoholic beverage to any underage person.

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So a NC driver who is less than 21 years old is convicted for an offense of driving with any amount of alcohol or drugs in his/her body, his/her license will be revoked for one year. It does not appear that jail time would be a penalty unless the judge decides that the minor should be penalized under the adult penalties for a DWI.

For a first conviction of a full (adult) DWI the penalties include:

  • Mandatory revocation of your driver license for a period of one year.
  • Minimum Punishment - Fine up to $100 and not less than 24 hours imprisonment; 24 hours of community service; 30 days without a limited driving privilege or any combination of these.
  • Maximum Punishment - Fine up to $2,000 and not less than 14 days or more than 24 months imprisonment.

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Anyone convicted of an underage DWI or full adult DWI will have their insurance rates affect. Insurance companies have different rating systems so you can check with your insurance agent to see how this violation conviction will affect your premiums and for how long if you were convicted of such an offense.

If you are under 21 years old and charged with drunk driving check with the court listed on the citation to learn more about what to expect on your court date and the penalties you may be handed.

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This car insurance answer was last updated 1:43 PM Feb-04.
This Save Money question was asked 04:57 PM January-29-2009.
Keith F. requested this car insurance help from CarInsurance.com experts.
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