Out Of State DWI: How Your North Carolina License Could Be Affected
Last updated on August 5, 2025
North Carolina residents who are convicted for driving under the influence (DUI) or driving while intoxicated (DWI) in another state might be surprised to learn that not only will they face consequences in the state of their conviction, but they may face consequences in North Carolina, too.
Here, we discuss the implications of an out-of-state DWI on your North Carolina driving privileges, as well as how an experienced North Carolina criminal defense attorney can assist with getting those privileges restored.
The “Drivers License Compact”
Forty-six states, including North Carolina, are a part of the “Drivers License Compact,” which is an agreement among the states that requires states to report certain convictions, such as DWIs, to the state licensing authority of the home state of the impaired driver.
For example, if a resident of North Carolina is convicted of a DWI in South Carolina, he or she would be charged under the laws of South Carolina and, if convicted, would serve the penalty imposed by South Carolina. In addition, South Carolina would report this conviction to the North Carolina DMV.
The North Carolina DMV Will Take Action
Once the North Carolina DMV receives notice of a person’s DWI conviction in another state, the DMV will revoke the person’s driver’s license for one year. That is because, under North Carolina G.S. 20-4.24(b), North Carolina must act as though the conviction of a DWI in another state had occurred in North Carolina and treat it with the same consequences.
Eligibility For Limited Driving Privileges
Once a person’s license is revoked on account of an out-of-state DWI, all is not lost. North Carolina G.S. 20-179.3(b) provides that a person convicted of a DWI in another state may be eligible for limited driving privileges if: (1) the out-of-state DWI was substantially similar to a DWI in North Carolina and (2) the person would have been eligible for such privilege had the conviction occurred in North Carolina.
To receive limited driving privileges in North Carolina, a person must:
- Have had a valid driver’s license (or one that had been expired for less than a year) at the time of the DWI.
- Not have been convicted of a DWI within the previous seven years.
- Have been punished by the other state to a level sufficient to the state of North Carolina.
- Not have been convicted of or have an unresolved charge for a DWI since the original DWI.
- Have obtained a substance abuse assessment and filed it with the court.
If these factors are met, a person whose license has been revoked can petition for a limited driving privilege, which is a civil process and is done through the North Carolina Administrative Office of the Courts.
Frequently Asked Questions
Q: If I get a DUI/DWI in another state, will North Carolina find out?
A: Yes. North Carolina is part of the Drivers License Compact, which means most states will report DUI/DWI convictions to the North Carolina DMV. The DMV will then take action against your North Carolina driving privileges.
Q: What will happen to my North Carolina driver’s license if I’m convicted of a DWI in another state?
A: Your North Carolina license will be revoked for one year, just as if the DWI had occurred in North Carolina. The DMV treats out-of-state convictions the same as in-state convictions.
Q: Can I drive at all if my license is revoked because of an out-of-state DWI?
A: You may be eligible for limited driving privileges under certain conditions, such as for work, school, or household maintenance purposes. Eligibility depends on factors like your driving history and whether the out-of-state conviction is substantially similar to a North Carolina DWI.
Q: How do I apply for limited driving privileges in North Carolina after an out-of-state DWI?
A: You must file a petition with the North Carolina court and meet several requirements, including a substance abuse assessment and proof that your conviction is substantially similar to a North Carolina DWI.
Q: Does it matter how long ago my out-of-state DWI occurred?
A: Yes. If you’ve had a prior DWI conviction in the past seven years, you may not be eligible for limited driving privileges.
Q: Will the penalties from the state where I got the DWI affect what North Carolina does to my license?
A: Yes. North Carolina will review the penalties imposed by the other state to ensure they are sufficient under North Carolina law before granting any limited driving privileges.
Q: What if I’m charged with a new DWI after my out-of-state conviction?
A: If you have any unresolved DWI charges or new convictions, you will not be eligible for limited driving privileges until those matters are resolved.
Q. Can I ignore an out-of-state DWI if I live in North Carolina?
A: No. Ignoring an out-of-state DWI can result in automatic revocation of your North Carolina driver’s license and additional penalties.
Q: How long will the revocation of my license last?
A: Generally, your North Carolina license will be revoked for one year following an out-of-state DWI conviction.
You Are Entitled To A Vigorous Defense.
If you have been convicted of a DWI in another state and think you might qualify for a limited driving privilege in North Carolina, Cotten Law Firm, PLLC, can help. Attorney Jeremy Cotten has represented tens of thousands of clients and has hundreds of stellar reviews online.
Our offices serve clients in central North Carolina including Wake, Johnston, Harnett, Orange, Lee and Chatham Counties. Give our office a call at 984-600-3090 or click over to our main page to chat live with an assistant 24 hours a day.