Important and Relevant Laws for UNCW Students

The following are explanations of North Carolina state laws concerning alcohol. They are not the actual text and they are not intended to be complete.

Underage Drinking

  • The drinking age in North Carolina is 21.
  • If you're under 21, possession, consumption, purchase or attempted purchase of alcohol (beer, wine, spirits and mixed drinks) is illegal. The penalties include fines and court costs (usually totaling $150). A conviction will result in a permanent class 3 misdemeanor criminal record. A report will be sent to the NCDMV and the DMV will revoke your driver's license for one year.
  • It is illegal to purchase or provide alcohol to a person under the age of 21. The penalties include fines and court costs (up to $2,000). A conviction will result in a permanent class 2 misdemeanor criminal record. A report will be sent to NCDMV and the DMV will revoke your driver's license for one year.
  • It is illegal to use a fake or borrowed ID to obtain or attempt to obtain alcohol or lend your ID to someone for that purpose. The penalties include fines and court costs (up to $2,000). A conviction will result in a permanent class 2 misdemeanor criminal record. A report will be sent to the NCDMV and the DMV will revoke your driver's license for one year.
  • The New Hanover County District Attorney's office does not dismiss violation of these offenses; you will be required to appear in court.

Drunk Driving

  • Driving with any amount of alcohol in the body is illegal for anyone under 21 and can result in a one-year suspension of your driver's license. People 18-20 years old may receive an alternative sanction of limited driving privilege.
  • Driving with a blood alcohol concentration of .08 is considered Driving While Impaired (DWI) and carries a range of sentences and fines from 24 hours to 2 years imprisonment, as well as fines between $100 and $2,000. Your license will be suspended for at least a year or revoked permanently. If someone dies as result of your impaired driving, you can go to jail for much longer.
  • It is illegal to have an open container of alcohol in a vehicle.
  • A person can be charged a DWI with a blood alcohol concentration under .08 if the police observe erratic driving.

Aid and Abet Drunk Driving

  • If you allow someone to drive your vehicle and they are charged with an impaired driving offense, you can be charged with aiding or abetting an impaired driver even if you are not driving the vehicle.

Illegal Drugs

  • Possession of illegal drugs can send you to jail for up to 5 years and/or cost you fines of up to $2,000.

Drunk and Disruptive (Public Drunkenness)

  • If you become disruptive in public (violent, insulting, using profanity, urinating) because of being drunk, you can be arrested, fined, and spend up to 30 days in jail.

Disorderly Conduct by Abusive Language or Gesture

  • If you intentionally cause a public disturbance by making or using any utterance, gesture, display, or abusive language which is intended and plainly likely to provoke violent reaction or retaliation and thereby cause a breach of peace is a Class 2 Misdemeanor in the State of North Carolina.

Failure to Disperse

  • Assembly of 3 or more persons engaged in disorderly conduct or conduct creating the threat of riot and upon the command of officers to disperse who do not do so and remain on the scene can be charged with failing to disperse. This is a Class 2 Misdemeanor.

Liability of Other's Drinking

  • If you give people alcohol at a party you host and let them drive home, you can be sued or even face criminal charges for damages or injuries they cause.
  • In the State of North Carolina, if a law enforcement officer responds to a call where underage drinking is going on inside a residence, the person in charge of the residence can be charged with allowing underage drinking. These underage drinking charges become part of your criminal record and could affect your chances of future employment.

City of Wilmington Laws

  • Except as specifically permitted by the City Council, no person may consume or possess malt beverages, unfortified wines or other alcoholic beverages on any facility, right-of-way or other property owned or occupied by the City. You can be fined and spend time in jail.

Most City Code violations are misdemeanors under North Carolina General Statutes

  • Fire lane violations are $50 (parking in a fire lane)
  • Fire hydrant violations are $100 (parking/blocking a fire hydrant)
  • Public urinating charges result in mandatory court appearances.

All of the city codes can be accessed through www.wilmingtonnc.gov or www.uncw.edu/police