Drive After Consuming Under 21 Lawyer in Greensboro, NC
This is not a DWI, and that distinction is worth more than most people realize. It is a separate Class 2 misdemeanor with its own rules, its own one year revocation, and one important piece of good news that almost no page explains.
Tell us what happened
Age on the date, whether a test was given, and whether a DWI was also charged. Those three answers decide a lot.
Sending this form does not make us your lawyer yet.
This charge is not an "offense involving impaired driving" under North Carolina law. That phrase is a defined list, and this offense is not on it. It is the most consequential fact about the charge and it is almost never explained.
Because of that, a conviction can be expunged. Impaired driving offenses are shut out of the expunction law completely. This one is not, which means the record does not have to be permanent.
But the license consequence is real and it is mandatory. The Division must revoke for one year, and whether a limited privilege is available turns on how old the driver was on the date of the offense.
- What the statute actually says
- Why this is not a DWI, and why it matters
- What you are really facing
- The license, and who can still drive
- If the driver was under 18
- How we defend these cases
- Clearing it afterwards
- What a lawyer costs for this
- How to choose a lawyer for this
- Our DWI and traffic team
- What clients say
- Where we practice
- Questions people ask us
What the statute actually says
G.S. 20-138.3 is short, and the wording matters more than the shorthand people use for it.
“It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.”
Notice what is not there. There is no number. No 0.08, no 0.02, not even 0.00. People call this a zero tolerance law and the statute never uses that phrase. The trigger is conduct and presence: drinking while driving, or having alcohol still in the body from earlier.
Two protections are written into the same section:
- Odor alone is not enough. The statute says the odor of an alcoholic beverage on the driver’s breath is insufficient evidence by itself to prove the offense beyond a reasonable doubt. That is a rare thing for a statute to say.
- Unless the driver refused. The odor protection disappears if the driver was offered a screening test or chemical analysis and refused to provide all required samples. That single sentence is why what happened at the roadside matters so much.
Screening devices must be approved by the Department of Health and Human Services and used according to its regulations, which gives a second line of attack where the device or the procedure was wrong.
Why this is not a DWI, and why it matters
North Carolina defines “offense involving impaired driving” as a closed list in G.S. 20-4.01(24a). The list contains impaired driving, commercial impaired driving, habitual impaired driving, the death and serious injury by vehicle offenses when based on impaired driving, impaired driving based murder and manslaughter, and substantially similar offenses from other states.
Driving after consuming under 21 is not on that list. The statute also says plainly that it is “not, in any circumstances, a lesser included offense of impaired driving.” It is its own thing.
| Because It Is Not on That List | What Follows |
|---|---|
| It does not supply the prior conviction for the aggravated death or serious injury by vehicle offenses | Those require a previous conviction involving impaired driving within seven years. This conviction does not count for that. |
| It does not supply the prior for the longer license revocation periods that follow repeat impaired driving | The revocation here is its own one year period rather than a stepping stone to a longer one. |
| It does not trigger the expunction bar | Impaired driving offenses cannot be expunged in North Carolina. This one can. See below. |
We will not oversell this. Not being a statutory impaired driving prior is not the same as harmless. The revocation is mandatory, and in at least one reported North Carolina case a prior conviction for driving after consuming while under 21 formed part of the evidence of malice in a later second degree murder prosecution arising from a driving death. It is a conviction worth avoiding. It is simply not the conviction people fear it is.
One more provision worth knowing. If someone is convicted of both this offense and an impaired driving offense from the same incident, the statute caps the aggregate punishment at the maximum for the impaired driving offense, and any minimum that applies still has to be imposed.
What you are really facing
The offense is a Class 2 misdemeanor. Misdemeanor sentencing runs on G.S. 15A-1340.23.
| Prior Conviction Level | Range | What the Grid Authorizes |
|---|---|---|
| Level I No prior convictions |
1 to 30 days | Community punishment only. An active sentence is not authorized at this level at all. |
| Level II One to four priors |
1 to 45 days | Community or intermediate punishment. |
| Level III Five or more priors |
1 to 60 days | Community, intermediate or active. |
The maximum fine is $1,000, and court costs are separate.
For the great majority of people charged with this, who are young and have no record, an active sentence is not something the grid even permits. The conviction and the license are the real consequences, and both are worth work.
The license, and who can still drive
G.S. 20-13.2 is blunt: the Division must revoke the license of a person convicted of violating this section. The period is one year, and the statute says revocations under that section run concurrently with any other revocation.
Whether a limited driving privilege is available comes from the offense statute itself, and it has two conditions:
| Condition | Detail |
|---|---|
| Age on the date of the offense | The person must have been 18, 19 or 20. Someone under 18 on that date is categorically ineligible for this privilege. |
| No prior conviction under this section | A second conviction closes the route entirely. |
Where both are met, the privilege is issued under the general limited driving privilege statute, with two of its provisions switched off: the punishment level requirement does not apply, and neither does the provision that normally invalidates a privilege where another revocation exists.
Separately, there is usually a 30 day civil revocation that starts at the arrest, because the civil revocation statute is triggered by any alcohol concentration in a driver under 21. A privilege from that revocation becomes available once ten days have run, with a substance abuse assessment and the other statutory conditions.
If the driver was under 18
This is a harder position and families deserve to hear it plainly rather than discover it later.
- No limited driving privilege after conviction. The age condition in the statute starts at 18. There is no discretion in it.
- The full one year revocation applies.
- The provisional licensing system sits on top. A driver in this age band is inside the graduated licensing scheme, which has its own eligibility certificate requirements tied to school enrolllment and progress.
That combination, no privilege plus a full year plus the school eligibility overlay, is the real shape of this charge for a sixteen or seventeen year old. It is also the strongest argument for taking the charge seriously at the first court date rather than treating it as a ticket.
Was a test given at the roadside?
Whether a screening test was offered, what device was used and whether anything was refused can decide this case. Tell us what happened and we will tell you what it means.
Call (336) 379-0539Free consultation, answered 24/7How we defend these cases
- Was there a lawful basis for the stop? Everything after the stop depends on it. Without reasonable suspicion the rest of the case has a problem.
- Is the evidence more than odor? The statute says odor alone is insufficient. If no test was given and nothing was refused, that is a statutory argument rather than a plea for leniency.
- Was the device approved, and was it used properly? The statute requires a DHHS approved device used in accordance with DHHS regulations. Both are checkable.
- Was anything actually refused? The odor protection only disappears on a refusal of all required samples. What was asked, and what was answered, matters.
- Is the therapeutic exception in play? The statute carves out a controlled substance lawfully obtained and taken in therapeutically appropriate amounts. Prescriptions matter here.
- Is a dismissal or a deferral realistic? On a first charge this is often worth more than anything else, because of what it does to the record and because of what the record does to insurance, college applications and employment.
Clearing it afterwards
This is where the charge differs most from a DWI, and it is worth planning for from day one.
If the charge is dismissed or you are found not guilty, G.S. 15A-146(a4) provides for automatic expunction of cases disposed of on or after 1 December 2021, generally within 180 to 210 days, with no petition and no fee.
If there is a conviction, G.S. 15A-145.5 is available because this is a Class 2 misdemeanor and the impaired driving exclusion does not reach it. For a single nonviolent misdemeanor the wait is three years from the conviction, or from completion of any sentence or probation, whichever is later. The petition needs affidavits of good character and a record check.
Three years is a long time at that age and it is not nothing. But it ends, which is more than can be said for a DWI conviction in North Carolina.
What a lawyer costs for this
We quote a flat fee and you get the number on the first call.
What moves it: whether a DWI was charged alongside this, whether there is a refusal in the file, whether the screening device and procedure have to be challenged, and whether we are also handling the civil revocation and a privilege application. A straightforward first charge with a clean record is a modest piece of work and we will say so.
How to choose a lawyer for this
North Carolina State Bar rules do not permit a lawyer to claim to be the best. Ask things with exact answers:
- “Is this an offense involving impaired driving?” The answer is no, and a lawyer who says yes has not read the definition.
- “Can this be expunged later?” It can, and that follows directly from the answer above.
- “Can I get a limited driving privilege?” It depends on age on the date of the offense and on prior convictions. There is an exact answer.
- “Was anything refused at the roadside?” If they do not ask you this, they have missed the most important provision in the statute.
Our DWI and traffic team
Chad D. Garrett
DWI, Traffic Law, Criminal Defense
Chad started the firm and defends criminal cases in state and federal court. He wrote ABC's of Traffic Law, ABC's of DWI and DWI Essentials.
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
Chad D. GarrettFounder
Jason AycothPartner
Sean OlsonPartner
Brandon GoldsboroughCriminal Defense
Stephanie GoldsboroughCriminal Defense
Rebecca ElliottCriminal Defense
Patrick BidwellCriminal Defense
Samantha HeplerCriminal DefenseWhat clients say
4.9 out of 5 from 587 Google reviews. A few recent ones:
Where we practice
Our office is two minutes from the Guilford County Courthouse.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask us
How do I find the best under 21 driving after consuming lawyer in Greensboro?
No lawyer in North Carolina may claim to be the best, under State Bar rules. Ask whether this counts as an offense involving impaired driving, whether it can be expunged later, and whether a limited driving privilege is available at your age. Each has an exact answer and the answers tell you quickly whether the firm knows this charge.
Is driving after consuming under 21 a DWI?
No. It is a separate offense under G.S. 20-138.3, and the statute says it is not in any circumstances a lesser included offense of impaired driving. It is also not on the closed list of offenses involving impaired driving in G.S. 20-4.01(24a), which has real consequences for your record and for any future charge.
What is the legal limit for under 21 in NC?
The statute does not set one. It makes it unlawful to drive while consuming alcohol, or at any time while any alcohol or controlled substance previously consumed remains in the body. There is no number in the section, which is why "zero tolerance" is shorthand rather than the law.
Can they charge me just because the officer smelled alcohol?
The statute says the odor of an alcoholic beverage on the driver's breath is insufficient evidence by itself to prove the offense beyond a reasonable doubt. That protection disappears if the driver was offered a screening test or chemical analysis and refused to provide all required samples, so what happened at the roadside matters a great deal.
What is the punishment?
It is a Class 2 misdemeanor. At Prior Conviction Level I, meaning no prior convictions, the grid authorizes community punishment only, with a range of 1 to 30 days. The maximum fine is $1,000 and court costs are separate. The license consequence is usually the bigger issue.
Will I lose my license?
Yes, on conviction. G.S. 20-13.2 says the Division must revoke, and the period is one year. Those revocations run concurrently with any other revocation. There is usually also a 30 day civil revocation that starts at the arrest, because any alcohol concentration in a driver under 21 triggers it.
Can I still drive for work or school?
Possibly, through a limited driving privilege, but only if you were 18, 19 or 20 on the date of the offense and have no prior conviction under this section. Someone under 18 on that date cannot get this privilege at all. Where it is available the privilege is issued under the general limited driving privilege statute.
My child is 17. Is it different for them?
Yes, and harder. There is no limited driving privilege after conviction because the age condition starts at 18, the full one year revocation applies, and the graduated licensing system with its school eligibility certificate requirements sits on top of all of it. That combination is the strongest reason to treat the first court date seriously.
Does this count against me if I get a DWI later?
Not as a statutory impaired driving prior, because this offense is not on the list in G.S. 20-4.01(24a). It does not supply the seven year prior for the aggravated death or serious injury by vehicle offenses or for the longer repeat revocation periods. It is still a conviction on your record and North Carolina courts have allowed a prior conviction of this kind to form part of a malice showing in a later case, so it is not nothing.
Can this be expunged?
Yes, which is the single biggest practical difference from a DWI. Because the offense is not an offense involving impaired driving, the expunction bar does not reach it. For a single nonviolent misdemeanor the wait under G.S. 15A-145.5 is three years from the conviction or from completing any sentence or probation, whichever is later.
What if the charge is dismissed?
Dismissals and not guilty findings for cases disposed of on or after 1 December 2021 are expunged by operation of law, generally within 180 to 210 days, with no petition and no fee. Run a background check on yourself a few months afterwards to confirm it actually happened.
I was also charged with DWI. What happens?
They are separate offenses and the under 21 charge is not a lesser included offense of the DWI. If there is a conviction on both arising from the same incident, the statute caps the aggregate punishment at the maximum applicable to the impaired driving offense, and any minimum that applies still has to be imposed.
Talk to a Greensboro lawyer about this charge
Tell us the age on the date and whether a test was offered. Free, and there is no obligation.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
Free consultation · Se habla español
This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and penalties and statutes change. Figures come from N.C.G.S. 20-138.3, 20-4.01, 20-13.2, 20-11, 20-16.5, 20-179.3, 15A-1340.23, 15A-145.5 and 15A-146.