If you’re under 21 and charged with driving while impaired (DWI), you’re subject to North Carolina’s “zero tolerance” underage DWI law. Even a small amount of alcohol in your system can lead to immediate consequences that affect your driver’s license and criminal record. You need a clear understanding of what you’re up against—and a plan for what to do next.

Greene Wilson Styron & Thomas (Summit Law Group) can help protect your rights. Contact our underage DWI defense attorneys today to discuss your case and defense options.

North Carolina’s “Zero Tolerance” Law for Underage Drivers

North Carolina’s underage DWI law is sometimes called the “zero tolerance” statute: it’s illegal for anyone under 21 to drive a vehicle after consuming any amount of alcohol or drugs. In other words, you don’t have to be drunk or over the standard 0.08% blood alcohol concentration (BAC) limit to be charged. It’s also illegal for a driver under 21 to have any amount of a controlled substance (such as marijuana or prescription drugs without a valid prescription) in their body while operating a vehicle.

To convict you of underage DWI, the state must prove two main things:

You were under the age of 21 at the time of the offense.
You drove a motor vehicle on a public street, highway, or public vehicular area after consuming alcohol or another impairing substance.

Unlike an adult DWI, the state doesn’t have to show that you were impaired. The mere presence of alcohol or drugs in your system is enough. This makes underage DWI cases easier for prosecutors to pursue and harder for young drivers to defend without experienced legal help.

Penalties for an Underage DWI Conviction

An underage DWI is a Class 2 misdemeanor. While it’s not punished as severely as an adult DWI, it still carries serious short- and long-term consequences. A Class 2 misdemeanor conviction can result in:

Up to 60 days in jail
Fines of up to $1,000
Probation, community service, or substance abuse education requirements

Generally, North Carolina does not require drivers to install an ignition interlock device unless their BAC was 0.16% or over, or they’re a repeat offender within seven years.

Because most underage drivers don’t have prior criminal records, courts can impose probation and community service instead of jail time. However, the conviction will remain on your criminal record, which can affect everything from college admissions and financial aid to job applications and professional licensing. Your criminal record can also appear on background checks for housing. Some colleges also impose disciplinary action for alcohol-related offenses. Finally, insurance companies may raise your premiums or cancel your policy entirely. In short, the financial costs can extend far beyond the courtroom.

The North Carolina Division of Motor Vehicles (DMV) imposes separate administrative penalties. If you’re convicted of underage DWI, your driver’s license will be revoked for one year. If you refused a breath or blood test when the officer requested it under the implied consent law, your license will be revoked for one year, even before a conviction.

Some drivers may qualify for limited driving privileges, but your eligibility depends on factors like age, school or work status, and whether you refused chemical testing.

Difference Between Underage DWI and Standard DWI

Underage DWI is distinct from a standard adult DWI. The key differences include:

BAC threshold: Underage DWI has no threshold—any alcohol is illegal. Standard DWI requires 0.08% BAC or impairment.
Penalties: Underage DWI is a Class 2 misdemeanor. A standard DWI has different levels of punishment (Level 1 through Level 5) that can include jail time, fines, and mandatory alcohol treatment.
License suspension: Underage drivers lose their licenses automatically for one year upon conviction, even for trace amounts of alcohol.

Sometimes, a young driver can be charged with standard DWI if their BAC is 0.08% or higher. In that case, prosecutors may pursue the more serious charge.

How a DWI Arrest Happens

An underage DWI case usually begins with a traffic stop or checkpoint. Law enforcement officers may pull you over for another offense, like speeding or a broken taillight, then investigate further if they suspect you’re impaired. The process typically includes:

Observation: The officer looks for signs of impairment, such as smelling like alcohol, slurred speech, or red eyes.
Field sobriety tests: Officers may ask you to take field sobriety tests, like walking in a straight line or standing on one leg.
Preliminary breath test (PBT): A roadside device like a breathalyzer gives law enforcement a rough BAC estimate.
Arrest and chemical testing: If the officer thinks there’s probable cause to believe you’ve been driving under the influence of alcohol or drugs, you’ll be arrested and taken for an official breath or blood test.

Anything you say can be used against you later. Exercise your right to remain silent and contact a lawyer from Greene Wilson Styron & Thomas (Summit Law Group) as soon as possible.

Defenses Against an Underage DWI Charge

Every case is different. Your DWI defense lawyer will review the available evidence and police conduct to find weaknesses in the state’s case. Some of the most common underage DWI defenses include:

Illegal traffic stop: Police need reasonable suspicion to pull you over. If law enforcement lacked a reasonable suspicion that you committed a traffic offense or other crime, any evidence they collect afterward may be thrown out.
Improper field or chemical testing: Breath and blood tests must follow strict procedures. If law enforcement didn’t follow those procedures exactly, the results may be unreliable.
No proof of consumption: The state must show you actually consumed alcohol or an impairing substance. Odor alone is usually not enough.
Constitutional violations: If law enforcement or the prosecution violated your rights, key evidence could be excluded. If enough evidence is excluded, the state will not be able to prove its case.

Our firm can also negotiate for reduced charges like reckless driving or help you qualify for a limited driving privilege.

Protect Your Rights with Our Underage DWI Defense Lawyers

An underage DWI charge doesn’t have to define your future. You deserve a fair process. Greene Wilson Styron & Thomas (Summit Law Group) represents drivers across eastern North Carolina. Our attorneys can protect your rights and explain your options.

Underage DWI