Edited by Russell D. Babb | Published on April 24, 2026
Many people assume that you cannot be charged with a DWI unless your blood alcohol concentration (BAC) is 0.08 or higher. While 0.08 is the legal limit in North Carolina, it is not the only way a DWI charge can occur. In reality, drivers in Raleigh and throughout North Carolina can still face DWI charges even if their BAC is below 0.08.
Understanding how this works is important if you are facing charges or want to avoid serious legal consequences.
Understanding DWI Law in North Carolina
Under North Carolina law (G.S. 20-138.1), a person can be charged with Driving While Impaired if they are operating a vehicle:
- With a BAC of 0.08 or higher, or
- While under the influence of an impairing substance, regardless of BAC
This means that impairment, not just a specific number, is the key factor. Even if your BAC is below 0.08, law enforcement can still charge you if they believe your mental or physical abilities are appreciably impaired.
When Can You Be Charged Below 0.08?
There are several situations where a driver may be charged with DWI despite having a BAC under the legal limit:
- Observable Impairment
Officers are trained to look for signs of impairment, such as slurred speech, red or glassy eyes, delayed reactions, or difficulty following instructions. If these signs are present, a charge may still be made. - Failed Field Sobriety Tests
Field sobriety tests are used to assess coordination, balance, and cognitive function. Poor performance on these tests can support a DWI charge, even with a lower BAC reading. - Presence of Drugs or Medication
DWI charges are not limited to alcohol. Prescription medications, over-the-counterdrugs, and illegal substances can all impair your ability to drive. Even properly prescribed medication can lead to a charge if it affects your driving. - Driving Behavior
Erratic driving, such as swerving, speeding, or failing to obey traffic signals, can give officers probable cause to stop a vehicle and investigate for impairment.
Special Rules for Certain Drivers
North Carolina has stricter standards for certain groups:
- Drivers under 21: Any detectable amount of alcohol can result in charges under the zero tolerance law (G.S. 20-138.3)
- Commercial drivers: Lower BAC limits apply when operating commercial vehicles (G.S. § 20-138.2)
These drivers can face consequences even at very low alcohol levels.
How These Cases Are Proven
In cases where BAC is below 0.08, the prosecution often relies more heavily on officer observations and other evidence, such as:
- Field sobriety test results
- Body camera or dash camera footage
- Statements made during the stop
- Odors or the possession of drugs or drug paraphernalia inside your vehicle
- Chemical test results showing the presence of substances (G.S. § 20-139.1)
Because these cases are more subjective, they may present opportunities for legal challenges.
Possible Defenses in Low BAC DWI Cases
If you have been charged with DWI below 0.08, there may be valid defenses depending on the circumstances. These can include:
- Challenging the legality of the traffic stop
- Questioning whether there was probable cause for arrest
- Disputing the accuracy or administration of field sobriety tests
- Arguing that observed behavior was not caused by impairment
An experienced criminal defense attorney can evaluate the evidence and identify weaknesses in the State’s case.
What to Do If You Are Charged in Raleigh or Wake County
Being charged with DWI can be overwhelming, especially when your BAC is below the legal limit. However, these cases are not as straightforward as they may seem.
At Tharrington Smith LLP, our attorneys have extensive experience defending clients in Raleigh and throughout Wake County. We carefully review every aspect of a case, from the initial stop to the evidence presented, to protect your rights and pursue the best possible outcome.
If you are facing a DWI charge, do not wait to seek legal guidance.
Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. DWI laws in North Carolina are complex and fact-specific, and outcomes vary based on the circumstances of each case. For legal guidance tailored to your situation, please contact our criminal defense attorneys at Tharrington Smith in Raleigh, North Carolina.
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