North Carolina DWI: Second Offense

Last reviewed: 2026-07-17

A second DWI in North Carolina is generally classified as a misdemeanor at elevated level (prior within 7 years → Level 2 or 1).

• Jail: 7 days (Level 2 mandatory minimum) – 12 months (Level 2) / 24 months (Level 1); mandatory min Level 2: 7 days; Level 1: 30 days (continuous alcohol monitoring can substitute for part)
• Fine: $0–$4,000 (Level 2 ≤$2,000; Level 1 ≤$4,000)
• License suspension: 4 years (second within 3 years) – 4 years; hardship: conditional restoration possible after 2 years with interlock
• Ignition interlock: Required

Lookback period: 7 years. A prior conviction within 7 years is a GROSSLY aggravating factor (each prior counts separately). Habitual DWI = 3 priors within 10 years → felony. One grossly aggravating factor (other than a minor in the car) → Level 2; two → Level 1; three+ → Aggravated Level 1; a minor under 18 in the vehicle alone forces Level 1.