North Carolina Alcohol Laws: Be Aware of Them

North Carolina alcohol laws apply to its residents. But they also apply to its visitors. Its laws differ in some ways from those elsewhere. Also, local alcohol laws vary widely across the state’s counties. Some are dry, some are moist, and some are wet. Laws also differ between cities. It’s wise to know and follow them. It can save

I. Minimum Age Laws

Overview

I.   Minimum Age Laws
II.  Alcohol Violations
III. Resources
IV.  Seek Good Advive

Some  young people want to work part-time. Hospitality has many jobs. Some involve alcohol. Youths have questions. What’s the minimum age for serving alcohol in a restaurant? What is it for selling alcohol for consumption off-site? How about for tending bar?

North Carolina’s alcohol laws permit adults 18 or older to serve alcohol in restaurants. Or in any venue for on-site consumption. The same for tending bar. To sell alcohol for off-site consumption it may be different. Those who sell spirits must also be 18 or older. But there’s no minimum legal age law for selling beer or wine in such a venue.

Local alcohol laws are often more restrictive than state law. Some to the point of prohibition.

The use of a false ID to buy alcohol is a crime. It is also illegal for those under 21 to drive with any alcohol in their blood. The only legal BAC for them is 0.00.

north carolina alcohol lawsNorth Carolina alcohol laws make no exceptions for consuming alcohol under age 21. It’s illegal for 20-year-old newlyweds to share a glass of wine at their reception. It is illegal for an adult of 20 to take communion wine. Or wine with Seder. There are no exceptions for religion. This seems to violate freedom of religion. That’s a right guaranteed by the US Constitution.

II. Alcohol Violations

Selling Alcohol

It’s a violation of North Carolina alcohol laws to sell alcohol to anyone under 21. That includes adults 18, 19, and 20. There are no exceptions.

And it’s illegal to sell or serve alcohol to anyone who is intoxicated.

Retailers may sell or serve alcohol between 7 a.m. and 2 a.m.Mondays through Saturdays. They may only sell or serve it after noon on Sundays. However, some counties and towns further restrict Sunday sales.

Retailers may not

  • Have Happy Hours. That is, offer free or reduced drink prices during limited hours. They must be offered to all customers for the entire day and in all areas of the business.
  • Offer certain drink specials or promotions. They include two for the price of one, or buy one and get one free. Buy one and get another for a nickel, or buy a meal (or anything) and get a free drink, etc.
  • Permit customers to continue drinking on their premises after 2:30 a.m.

Buying Alcohol

It’s illegal for anyone under to buy alcohol, or to try to buy it. Helping anyone under 21 obtain alcohol is also illegal. This includes buying or giving them alcohol, or lending an ID so they can buy it. Nor may parents, ministers, physicians give or administer even a tiny amount of alcohol for any reason.

Customers may only receive one drink at a time. The only exception is a boiler maker. It’s one shot in one beer. Only two or more customers may buy a pitcher of beer. However, one customer may buy one bottle of wine. And a customer may re-cap a partially consumed bottle of wine and take it from the premises.

It’s illegal to possess an unregistered, unlabeled beer keg. The judge determines the amount of the fine and also the imprisonment. It may be up to 45 days.

Customers may not use federal food assistance (“food stamps”) to buy alcohol.

Driving and Alcohol

north carolina alcohol lawsNorth Carolina alcohol laws prohibit driving while impaired (DWI). Drivers are impaired if their blood alcohol concentration (BAC) is 0.08% or higher. With a prior DWI conviction and for commercial drivers, it’s 0.04%. For those under age 21, any measurable alcohol is DWI.

Virtually all other states set DWI for those under at 0.02% or higher. They do this for several reasons. One is that alcohol breath testers are unreliable. In fact, they don’t actually measure BAC. They only estimate it.

A second reason is endogenous ethanol production. That is, everyone produces alcohol naturally within their bodies 24/7. Finally, many medications and foods contain alcohol. Even bread does. So setting the level at 0.02% reduces the chances of unfairly convicting innocent people.

north carolina alcohol lawsDrivers under 21 with any measurable alcohol are penalized with license suspension. It’s 30 days for a pretrial period and then for one year after that. The judge decides what other penalties to impose. These are typically fines, court costs and often community service requirements.

Drivers of any age may be convicted of DWI even if their BAC is within the legal range.

North Carolina DWI offenses are categorized into six levels. They increase in severity from Level 5 up to Aggravated Level 1. The judge alone decides into which category a DWI charge falls. Factors may include the BAC level, age, current driving record, demeanor, and other circumstances.

Level 5
  • Immediate License suspension for 30 days.
  • Fine up to $200.
  • Imprisonment for one to 60 days.
  • Possible probation
  • Substance abuse assessment, if on probation.
Level 4
  • north carolina alcohol lawsImmediate license suspension for 30 days.
  • Fine up to $500.
  • Imprisonment for two to 120 days.
  • Substance abuse assessment, if on probation.
Level 3
  • Immediate license suspension for 30 days.
  • Fine up to $1,000.
  • Imprisonment for 72 hours to six months.
  • Possible parole.
  • Substance abuse assessment, if on probation.
Level 2
  • Immediate license suspension for 30 days.
  • Fine up to $2,000.
  • Imprisonment for seven days to one year. Judge might reduce sentence to 90 days of court-monitored abstinence from alcohol.
  • Possible parole.
  • Substance abuse assessment, if on probation.
Level 1
  • north carolina alcohol lawsImmediate license suspension for 30 days.
  • Fine up to $4,000.
  • Imprisonment for 30 days to two years. Judge might reduce sentence to 120 days of court-monitored abstinence from alcohol.
  • Substance abuse assessment, if on probation.
Aggravated Level 1
  • Immediate license suspension for 30 days.
  • Fine up to $10,000.
  • Imprisonment for one to three years. Judge might reduce sentence to 120 days with court-monitored alcohol abstinence for at least 120 days.
  • Court-monitored abstinence from alcohol for four months after release from prison.
  • Substance abuse assessment.
Ignition Interlock Device
north carolina alcohol laws

Ignition Interlock Device

An ignition interlock device (IID) prevents a vehicle from starting if it detects alcohol in the driver’s breath. North Carolina mandates an IDD installation for any driver with a BAC of 0.15 or higher. Or for a later offense within seven years.

The offender must pay for the installation, maintenance, and monitoring of the IID.

Driver Rights

All drivers have a U.S. Constitutional right to decline submitting to a chemical test. However, North Carolina punishes those who use their right. They receive license suspension for one year and 30 days

However, there is no legal penalty for refusing to take a field sobriety test. The scoring are highly subjective they are notoriously unreliable. For example, about one-third of completely sober people fail to pass them. That is, about one in three people with zero alcohol (BAC 0.00%) can’t pass.

north carolina alcohol lawsLawyers strongly urge drivers never to take one. Officers often insist that the law requires it. But no law does. A traffic stop for suspected DWI is a criminal investigation.  It’s completely legal for an officer to mislead, be dishonest, and to lie to a suspect in a criminal investigation. If you are a suspect in a crime, the officer is never your friend or ally.

Discover much more at Never Take a Field Sobriety Test Say DUI Lawyers.

Remember

It’s smart not to drink and drive. At best, a DUI can cost thousands of dollars, eliminate personal freedom, and damage a good reputation. At worst, it cause serious injury or even death.

Boating and Alcohol

north carolina alcohol lawsNorth Carolina alcohol laws prohibit operating any boat under the influence of alcohol or drugs. Doing so is boating boating under the influence (BUI). This prohibition covers riding waterskis, surfboards, wakeboards, or similar devices.

Boaters are guilty of BUI if they operate a vessel under the influence of an impairing substance. Or if they have a BAC of 0.08% or higher “at any relevant time after boating.”

Offenses depend on the offender’s criminal history and the judge hearing the case. However the typical penalty for a BUI is imprisonment up to 60 days and a fine of $250 to $1,000. However, there are increased penalties for certain BUI offenses.

BUI Penalties

Serious Injury by Impaired Boating. If a BUI offender causes a serious injury, the penalty is ten to 41 months in prison. Judge can also impose fine.

Aggravated Serious Injury by Impaired Boating. This occurs if a BUI offender has had a BUI conviction within the previous seven years and causes serious injury. The penalty is imprisonment for 38 to 160 months. Judge can also impose fine.

Death by Impaired Boating. If a BUI offender causes a death, the penalty is 38 to 160 months in prison. Judge can also impose fine.

Aggravated Death by Impaired Boating. This is when a BUI offender had a BUI conviction in the previous seven years and causes causes a death. The penalty is imprisonment for 38 to 160 months. Judge can also impose fine.

Repeat Death by Impaired Boating. Occurs when a BUI offender causes death and has a prior conviction for Death by Impaired Boating. The penalty is 94 to 393 months in prison. Judge can also impose fine.

III. Resources on North Carolina Alcohol Laws North Carolina alcohol laws

IV. Seek Good Advice

North Carolina alcohol laws may change. Their legal interpretation may change. They may conflict with each other. They can be very complex. Do not rely on this or any other site. Also beware of advice from family and friends. And of neighbors, co-workers, and others eager to help. Smile, thank them, and then ignore their ideas.

Get information and advice about North Carolina alcohol laws from an expert on the subject. That’s a lawyer holding a license in the state.