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Interesting facts about DUI and North Carolina law

On Behalf of | Jul 6, 2022 | DWI |

Compared with other states, North Carolina falls mainly in the majority when it comes to enforcing DUI laws. Several metrics provide some insight into the state of combating hazardous driving due to the impairment of drivers by alcohol or drugs.

For the most part, North Carolina DUI laws strike a reasonable balance between protecting citizens and legal fairness.

Sobriety checkpoints

According to information from Responsibility.org, North Carolina allows for sobriety checkpoints to identify drunk drivers, as do the vast majority of states. The 10 states that do not allow checkpoints, do so for one of three reasons:

  1. Does not meet the standards of the state constitution
  2. Does not have statutory authority
  3. Is not allowed by state law

One state, Missouri, allows checkpoints, but will not allocate funds for their operation. Montana allows alternatives to checkpoints.

Test refusal

North Carolina can administer breath tests with due cause, as can all 50 states. However, one state, Wyoming, provides no penalties for test refusal, while a small handful of states provide potential administrative and criminal penalties for test refusal. North Carolina punishes test refusal through administrative penalties, as do the majority of states. Administrative penalties usually refer to license suspensions for some time.

Ignition interlocks

While all 50 states provide some form of interlock legislation for persons convicted of a DUI, North Carolina’s provisions fall on the weaker side. The state is only one of three that require these devices only for offenders with a high BAC and repeat offenders. The majority of states have provisions that pertain to all of those convicted of a DUI.