Under what condition can you be convicted of driving while impaired (DWI)?

Being convicted of driving while impaired (DWI) in North Carolina primarily hinges on the blood alcohol concentration (BAC) level. A BAC of .08% or more is the standard legal limit for determining impairment when operating a motor vehicle. This threshold has been established to reflect a level of intoxication that significantly affects a person’s ability to drive safely.

If a driver has a BAC at or above this point, they can be charged with DWI regardless of any other mitigating factors, such as the time of day or the presence of an open container. Although driving with an open container or having a BAC of .05% might indicate some level of impairment, those conditions alone do not meet the legal threshold for conviction. The .08% standard is specifically targeted as the point at which the law deems a driver impaired and thus legally accountable for driving while impaired.