North Carolina CDL DWI

Can you discuss what happens to a CDL driver who is charged with DWI in North Carolina? Is the threshold different for professional drivers? What are some of the penalties for conviction? People who drive commercial vehicles are subject to a different set of laws than those involving passenger vehicles. In fact, there are three separate blood alcohol concentration laws that can apply to them. Under North Carolina general statute 20-138.2, a commercial driver may be charged with driving while impaired in a commercial motor vehicle if the person’s BAC is only .04. And if the driver’s BAC is .08 or greater, they can be charged under 20-138.1 as well. Because the two statutes each require separate elements, one act can be prosecuted under separate charges. A commercial drivers license holder who is convicted of DWI under either relevant statute, whether or not they were driving a commercial motor vehicle or passenger vehicle at the time, will be disqualified to drive a commercial motor vehicle for one year for the first conviction and for life for a second conviction. In addition, a person who drives a commercial motor vehicle after consuming any amount of alcohol can be charged with a Class 3 misdemeanor and face being disqualified to drive for 10 days after a first conviction and for one year for a second conviction within seven years.