11/25/2025
Injured by a Drunk Driver in North Carolina? Step by Step Guide
Written by: Personal Injury Attorney Katherine Burgess Cruz
Every year, thousands of lives are changed by one of the most preventable causes of car crashes—drunk and impaired driving. Despite widespread awareness, impaired driving remains a major cause of serious injury and death across North Carolina.
At Deuterman Law Group, we’ve helped countless people whose lives have been upended by drunk drivers. We know how overwhelming it can feel to navigate the aftermath of a wreck caused by a drunk driver.
If you or a loved one has been injured by an drunk driver, understanding your rights and taking the right steps immediately after a wreck can make all the difference.
At Deuterman Law Group, our focus has always been simple: put people first. That means holding impaired drivers accountable, helping victims rebuild their lives, and making our roads safer for everyone.
What Counts as Drunk or Impaired Driving in North Carolina
Under North Carolina General Statute § 20-138.1, a person commits the offense of impaired driving (DWI) if they drive on any highway, street, or public vehicular area while:
- Under the influence of an impairing substance, such as alcohol, illegal drugs, or prescription medication that affects judgment or coordination;
- Having a blood alcohol concentration (BAC) of 0.08% or higher; or
- Having any amount of a Schedule I controlled substance (such as heroin, LSD, or MDMA) in their blood or urine.
For commercial drivers, the limit is even lower — a BAC of 0.04% or more under § 20-138.2 can be considered impaired driving.
Even if a driver is legally permitted to use alcohol or take medication, it is not a defense under the statute if the substance impairs their ability to drive safely. North Carolina puts safety first — and so do we.
What “Impaired” Really Means
A driver does not need a BAC over 0.08% to be considered impaired. “Under the influence” simply means the person’s ability to think clearly or operate a vehicle safely is affected by alcohol, drugs, or a combination of both.
Police officers look for signs such as:
- Erratic or dangerous driving (weaving, drifting, speeding, or sudden stops)
- The smell of alcohol or drugs
- Bloodshot or glassy eyes
- Slurred speech or unsteady balance
- Failure to perform field sobriety tests
- Positive results from a portable or chemical breath test
If you’re ever in a crash and suspect the other driver is impaired, these details and your observations can become key evidence in your case.
Penalties for Impaired and Drunk Driving in North Carolina
Impaired driving is a misdemeanor in North Carolina. The penalties will depend on the facts of the case and the driver’s history. Under North Carolina General Statute § 20-179, the court considers aggravating and mitigating factors when determining punishment.
Penalties may include:
- Jail time (from a few days to up to 2 years, depending on the circumstances)
- Hefty fines and court costs
- License suspension or revocation
- Mandatory alcohol or substance abuse treatment
- Ignition interlock device installation
If a drunk driver causes a serious injury or death, they may face felony charges and years in prison. But even when criminal charges are filed, victims should still contact an experience personal injury attorney to pursue a civil claim to recover for their injuries and losses.
What to Do If You’re Hit by a Drunk Driver
If you’ve been in a wreck and suspect the other driver is under the influence:
- Call 911 immediately. Tell the dispatcher you believe the driver is impaired.
- Stay at the scene and cooperate with responding officers. Their investigation and report can become vital evidence.
- Gather evidence if it’s safe to do so—take photos of the scene, the vehicles, and any open containers or drug paraphernalia.
- Get witness information—names and contact details can be useful later.
- Seek medical attention right away, even if you feel okay. Some injuries (especially concussions and soft tissue injuries) may not show symptoms immediately.
- Contact an experienced personal injury attorney at Deuterman Law Group as soon as possible. Early legal help can preserve evidence and strengthen your case.
Why Evidence Matters in Drunk Driving Cases
Strong evidence is the backbone of any personal injury claim – especially one involving an impaired driver. At Deuterman Law Group, we move quickly to secure and protect evidence such as:
- Police reports and officer observations
- Chemical test results
- Witness statements
- Video footage from dashcams, surveillance, or body cameras
- Medical records and expert evaluations
- Accident reconstruction reports
This evidence helps establish liability and may also support a claim for punitive damages—a special category of compensation meant to punish especially reckless behavior and deter future drunk driving.
Why Having the Right Personal Injury Attorney Matters
Drunk driving injury cases often involve both criminal and civil proceedings. While the impaired driver may face criminal penalties, that does not automatically compensate you for your medical bills, pain and suffering, or lost income.
At Deuterman Law Group, we help navigate every part of your recovery. We:
- Assist with managing the financial and emotional impact of your injuries
- Coordinate with law enforcement and prosecutors to obtain evidence from the criminal case
- Identify all available insurance coverage
- Build a strong claim for the maximum recovery available under North Carolina law
At Deuterman Law Group, we hold impaired drivers accountable and fight to ensure our clients are not left paying for someone else’s reckless choices.
We fight for maximum compensation, including punitive damages when appropriate, because you deserve justice for what you’ve been through. But just as importantly, we provide compassion, guidance, and support for every step of your recovery journey.
Hurt by a Drunk Driver in North Carolina? We’re Here to Help.
If you or someone you care about has been injured in a wreck caused by a drunk or impaired driver, you don’t have to face it alone. Our team at Deuterman Law Group has the experience, resources, and determination to help you recover full and fair compensation.
Call 866-373-1130 today for a free consultation — or reach out online. We’ll listen, explain your options, and help you move forward with confidence — because at Deuterman Law Group, we put people first.
DISCLAIMER: The content on this blog is intended for general informational and educational purposes only. It is not legal advice and shouldn’t be treated as such. Laws can change, and the outcome of a legal matter often depends on the specific facts involved. What you read here may not apply to your unique situation.
If you have questions or need guidance on a personal injury matter, we invite you to contact us. Our team is here to listen, provide clarity, and help you understand your legal options.
