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Call DONAHUE
Underage DWI in the Outer Banks: Drivers Under 21
Under 21 and Charged After Drinking and Driving?
North Carolina has a zero tolerance law for drivers under 21. Under N.C.G.S. Section 20-138.3, it is a crime for a person under 21 to drive with any alcohol or controlled substance remaining in the body, even far below 0.08. A driver under 21 can also be charged with DWI under the same law that applies to adults.
On the Outer Banks, these charges often involve young visitors on beach trips and senior week, summer workers, and local students. Many are first contacts with the court system.
Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles underage and adult DWI cases in Dare and Currituck County courts.
Under 21 and charged in Dare or Currituck County? Call or text Donahue Defense at 252-715-5785. Parents are welcome to call.
Two Different Charges
| Charge | What the State must prove | Classification | License consequence |
|---|---|---|---|
| Driving after consuming, under 21 (N.C.G.S. Section 20-138.3) | You were under 21 and drove with any alcohol or controlled substance in your body | Class 2 misdemeanor | One-year revocation |
| DWI (N.C.G.S. Section 20-138.1) | You were impaired, or had an alcohol concentration of 0.08 or more | Sentenced under the DWI levels | DWI revocation, plus a separate under-21 revocation that runs at the same time |
The under-21 charge is not a lesser version of DWI, and a person can be charged with both. If convicted of both from the same event, the total punishment cannot exceed the maximum for the DWI. See DWI sentencing levels.
The statute does not apply to a controlled substance that was lawfully obtained and taken in appropriate amounts, such as medication taken as prescribed.
What Happens to Your License
- At arrest, any alcohol concentration in a driver under 21 brings an immediate civil revocation of at least 30 days.
- A conviction for driving after consuming under 21 brings a one-year revocation under N.C.G.S. Section 20-13.2.
- Refusing a chemical test brings a 12-month revocation, plus an under-21 revocation that runs at the same time. See refusal and license revocation.
- After a first conviction for driving after consuming, a driver who was 18, 19, or 20 at the time may qualify for a limited driving privilege, if other requirements are met.
The Smell of Alcohol Alone Is Not Enough
Under the statute, the odor of alcohol on a driver’s breath is not enough by itself to prove the under-21 charge, unless the driver was offered a screening test or chemical analysis and refused.
Insurance and the Family Policy
Under the Safe Driver Incentive Plan, administered by the NC Commissioner of Insurance, driving under 21 after consuming alcohol or drugs carries 4 insurance points, a 90% premium increase that lasts five years for convictions on or after July 1, 2025. A DWI carries 12 points. The surcharge lands on the policy that lists the driver, which is often a parent’s. See NC insurance points after a conviction.
Visiting From Another State?
A North Carolina conviction can be reported to your home state. New York, for example, revokes a license for at least one year for an out-of-state alcohol or drug driving conviction by a driver under 21. Your home state’s rules decide what happens there.
How We Can Help
- Explain the difference between the two charges and what each would mean for your license, school, and insurance
- Obtain and review the evidence, including video and any screening or breath test records
- Advise you on limited driving privileges and getting your license back
- Keep parents informed when the client wants them involved
- Represent you in Dare and Currituck County courts
- Communicate in Spanish through our legal assistant, Kaitlyn Fernandez
Underage DWI FAQs
Can I be charged if my alcohol concentration was under 0.08?
Yes. For a driver under 21, any alcohol remaining in the body is enough for the under-21 charge.
Is driving after consuming under 21 a lesser charge of DWI?
No. The statute says it is not a lesser included offense of DWI. They are separate charges, and both can be brought from the same stop.
Can I get a limited driving privilege?
Possibly. After a first conviction for driving after consuming, a driver who was 18, 19, or 20 at the time may apply if other requirements are met. The rules for a DWI conviction are different.
Will this affect my parents’ insurance?
If you are listed on their policy, yes. The surcharge applies to the policy that covers the driver.
Talk to an Outer Banks DWI Lawyer
If you or your child is under 21 and charged in Dare or Currituck County, call or text 252-715-5785. We will explain the charges, the license consequences, and the options. Charged with possession of alcohol instead? See underage drinking charges. Se habla español.
Please do not include confidential or sensitive information in a contact form, text message, or voicemail.
This page is general information about North Carolina law, not legal advice for your situation.