North Carolina Alcohol Related Laws and Regulations

Where to Buy Alcohol
Beer and table wine is sold at retail, convenience, and grocery stores. State-owned stores, or ‘ABC’ stores, sell spirits and fortified wines. On Sundays, alcohol is not able to be purchased from 2 a.m. until noon.

Legal Age for Drinking/Serving Alcohol
As in all states, at 21, a person may consume alcohol legally. At 18, a person may work as a bartender, serve in a restaurant that sells alcohol, or sell spirits. To sell wine or beer in a retail store setting, a person may be any age.

Open Container Laws
If a container of alcohol has been previously opened, it must be transported in the trunk of a vehicle due to open container laws.

BAC Limits
If a person tests (breath, blood, or urine) with a BAC (blood-alcohol content) of .08 or higher, they are considered ‘per se intoxicated’ and can be arrested and convicted of DUI (driving under the influence) without further evidence.

Enhanced penalties are given to drivers who have a BAC of .16 percent or more above the legal limit of .08, or if they refuse chemical testing.

If a driver under the legal age of 21 tests with any BAC level, they face DUI penalties.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for 60 days for the first and second offenses, and 90 days for the third offense.

A driver that has a fourth DUI conviction faces the penalty of having their vehicle confiscated, either temporarily or permanently, by the state of North Carolina.

The installation of an ignition interlock device is also a penalty option, which requires the driver to take a breath-test before the vehicle will start. The offender may also be required to undergo alcohol education, treatment, or assessment for alcohol abuse in certain circumstances.

After the third conviction, DUI is considered a felony.