Because of the danger of underage drinking and the high physical, emotional, and financial costs that underage drinking costs for the victims and families involved, North Carolina has a no tolerance policy toward underage drinking and driving. Learn more about dwi in North Carolina in this presentation.

1. DWI IN NORTH
CAROLINA
IF I AM UNDER 21 WILL ANY
ALCOHOL IN MY SYSTEM GIVE ME A
DWI?
Welch and Avery
“Because of the danger of underage drinking and the high
physical, emotional, and financial costs that underage drinking
costs for the victims and families involved, North Carolina has a
no tolerance policy toward underage drinking and driving.”
IF I AM UNDER 21
WILL ANY ALCOHOL IN MY
SYSTEM GIVE ME A DWI?

2. If I’m Under 21 Will Any Alcohol in My System Give Me a DWI? www.welchavery.com 2
Underage drinking is a serious problem
in the United States. According to the
Centers for Disease Control and
Prevention (CDC), teenagers abuse
alcohol more than illegal drugs or
tobacco. Alcohol is responsible for 4,300
underage deaths each year. A survey
revealed that 35% of high school
students drink alcohol and 21% binge
drink.
Even more disturbing, 10% of those high
school students drove after drinking and
22% reported riding with a driver who
had been drinking alcohol. According to Mothers Against Drunk Driving (MADD),
automobile accidents are the leading cause of death for teens and 25% of
accidents involve underage drinking.
North Carolina is not immune to underage drinking. According to one report,
approximately 320,000 underage young adults drink alcohol. In 2013, underage
drinking cost citizens of North Carolina over $1 billion, including almost $258
million in youth traffic accidents. Because of the danger of underage drinking
and the high physical, emotional, and financial costs that underage drinking costs
for the victims and families involved, North Carolina has a no tolerance policy
toward underage drinking and driving.

3. If I’m Under 21 Will Any Alcohol in My System Give Me a DWI? www.welchavery.com 3
HIRING AN EXPERIENCED DWI ATTORNEY FOR UNDERAGE DRINKING
AND DRIVING
Because your teenage could
be facing serious
consequences if convicted of
driving after consuming
under the age of 21, you
need to hire an experienced
DWI attorney as soon as
possible. Furthermore, in
some cases, your teen driver
could also be charged with DWI, which carries even more severe penalties.
Contact Welch and Avery at (910) 665-9134or contact us online today for a
free case evaluation.
NORTH CAROLINA LAWS REGARDING UNDERAGE DWI
The legal limit for being charged with DWI is a BAC of .08 or higher; however,
North Carolina has a special statute that applies to underage drivers. Under
NCGS 20-138.3, “It is unlawful for a person less than 21 years old to drive a
motor vehicle on a highway or public vehicular area while consuming alcohol or
at any time while he has remaining in his body any alcohol or controlled
substance previously consumed.” Underage drivers who are operate a vehicle
after consuming any amount of alcohol can be charged with the crime of
underage driving after consuming alcohol. Furthermore, depending on the

4. If I’m Under 21 Will Any Alcohol in My System Give Me a DWI? www.welchavery.com 4
circumstances, the underage driver can also be charged with Driving While
Impaired (DWI), which is a separate criminal charge.
When an underage driver is stopped for driving after consuming alcohol, he or
she is subject to the same
Implied Consent Law as adult
drivers. If the underage driver
refuses a chemical analysis to
determine if he or she has
consumed alcohol before driving,
the underage driver is subject to
having his or her driver’s license
revoked for one year or longer.
Even though the driver refuses to submit to a chemical analysis, the police officer
can compel the person to be tested after obtaining a search warrant for to obtain
the person’s urine or blood.
It is important to note that NCGS 20-138.3 specifically states that the odor of
alcohol is insufficient evidence by itself to prove that the underage driver was
driving after consuming alcohol. The state must prove beyond a reasonable
doubt that the underage driver had alcohol remaining in his or her body at the
time he or she was driving the automobile. The state will use the results of a
breathalyzer, intoxilyzer breath test, blood test, or urine test as evidence in court
to prove that the underage driver had alcohol in his or her system while driving
the vehicle.

5. If I’m Under 21 Will Any Alcohol in My System Give Me a DWI? www.welchavery.com 5
WHAT IS THE PUNISHMENT FOR UNDERAGE DRINKING AND DRIVING IN
NORTH CAROLINA?
The charge of driving after consuming under the age of 21 falls under a Class 2
misdemeanor. If convicted, the underage driver faces up to 60 days in jail and
revocation of his or her driver’s license for up to one year. In addition to the
criminal penalties for a conviction for underage drinking and driving, your
teenager’s automobile insurance will significantly increase. In some cases, you
could see an 80%
increase in your
insurance rates.
If your teen driver is
charged with the
separate offense of
DWI, the penalties for
a conviction
substantially increase.
Your teen driver needs
the representation of an experienced NC DWI attorney as soon as possible in
order to begin investigating the circumstances surrounding the DWI arrest to
develop a strong defense strategy to mitigate the potential consequences of a
conviction.

6. If I’m Under 21 Will Any Alcohol in My System Give Me a DWI? www.welchavery.com 6
CONTACT AN EXPERIENCED JACKSONVILLE DWI ATTORNEY
“ATTORNEYS WHO AGGRESSIVELY PROTECT YOUR RIGHTS”
Welch and Avery is a full service Jacksonville Criminal and Civil law firm that is
committed to providing results-driven
legal representation to businesses and
individuals seeking an alternative to
large-firm representation. We focus on
getting you the results you want while
offering you a cost-effective solution to
your legal needs. We understand that
we work for our clients; therefore; our
attorneys communicate regularly with
each client to ensure that the client
knows what is going on with the case.
When you have legal problems, you
need an experienced legal professional
in your corner. No matter the case, you
should have an attorney working for you who knows the law and who has the
experience to get results. We represent clients throughout Duplin County,
Onslow County and the surrounding communities. Call our office at (910) 665-
9134or contact us online today for a free case evaluation.

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About Welch and Avery
Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty
At Welch and Avery, our team is committed to helping you with your legal needs. This means that
we thoroughly investigate your case and zealously represent your interests. We are goal-oriented
and will focus on getting you the results you want, while at the same time offering a cost-effective
and efficient solution to your legal needs. We also understand that an attorney works for their
client, so we strive to ensure that our clients are in touch with their attorney and always know
what is going on with their case. With Welch and Avery, you can count on personal attention from
our legal team.
We know that there is never a convenient time to have to deal with a court case or other legal
problem. Because of this, we will make every effort to minimize the impact your case will have on
your daily life. We offer flexible payment options for both legal fees and court expenses, and
because it can also cost you time and money to take off from work or school to attend court, we
will do everything we can to meet with you at your convenience and help you avoid setting foot in
a courtroom.
Every case is different, and every case is important. If you or somebody you care about has a legal
problem, call us today and find out the difference that strong, knowledgeable, and personal legal
representation can make! Our office is strategically located across the street from the courthouse
in Jacksonville on the coast between the ports of Wilmington and Morehead City and within easy
reach of the various commercial and recreational fishing communities and beaches of eastern
North Carolina. We are also located proximate to Camp Lejeune, Camp Johnson, and the New River
Air Station, and as a “military friendly” business, we are proud to be able to serve the particular
needs of the armed forces community.
636 Court Street
Jacksonville, 28540
Phone: 910.665.9134
Website: www.welchavery.com