This page explains how an underage DWI lawyer in Greensboro can help protect your child’s future after a DWI arrest. We cover North Carolina’s zero-tolerance laws, potential penalties, school consequences, and how our legal team can help.
This information is for parents and families of students at UNCG, NC A&T, High Point University, and other local colleges in Greensboro and the Triad area. If your child is a young driver or college student facing DWI charges, you are in the right place.
An underage DWI conviction can have lifelong consequences for your child’s education, career, and driving privileges. Understanding your options and acting quickly is essential to protect their future.

Why Hiring a Greensboro Underage DWI Lawyer Is Crucial
After a DWI arrest, it is crucial to hire a Greensboro DWI lawyer immediately to protect your rights and driving privileges. Lawyers handling underage DWI cases in Greensboro should be familiar with local court procedures and the specific laws applicable in North Carolina. Hiring a Greensboro DWI lawyer is crucial for individuals facing DWI charges to protect their rights and seek the best possible outcome. Our legal team has the experience and local knowledge to guide your family through this difficult time.
What Does “Zero Tolerance” and Blood Alcohol Concentration Actually Mean in North Carolina?
The North Carolina zero-tolerance policy means any detectable amount of alcohol can lead to a Driving While Impaired (DWI) charge for drivers under 21.
You have probably heard the phrase “Zero Tolerance.” But what does the law actually say?
For adults over 21, the legal limit for alcohol is usually 0.08% Blood Alcohol Concentration (BAC).
For a driver under 21, the limit is essentially 0.00%.
Under North Carolina General Statute § 20-138.3, it is illegal for anyone under the legal drinking age to drive with any amount of alcohol remaining in their body. In North Carolina, impaired driving is a key legal concept—any detectable alcohol or drug in an underage driver’s system can lead to DWI charges, regardless of actual impairment.
This crime is called “Driving by Person Less Than 21 Years Old After Consuming Alcohol or Drugs.”
The “Smell” Rule: It is very strict. An officer doesn’t even need a breathalyzer number to charge your child. If the officer simply smells alcohol on their breath, that can be enough for a charge under this specific statute.
Why is this scary? A student who had one beer two hours ago might blow a 0.02%. They aren’t drunk. They aren’t swerving. But under NC law, they are guilty of a crime because of their age.Now that you understand the strict legal standards, let’s look at what happens when your child is arrested and how an underage DWI lawyer in Greensboro can help.
A Parent’s Worst Nightmare: The Arrest Call
It is the phone call every parent dreads. It’s 2:00 AM. The phone rings. It’s your son or daughter. They are crying. They have been arrested.
Maybe they are a student at UNC Greensboro, NC A&T, or High Point University. Maybe they were just hanging out with friends in Kernersville or Burlington. They had a beer or two. They thought they were fine to drive. But now, they are sitting in the back of a police car, and they are terrified. In these situations, police officers conduct the stop, gather evidence, and the way they handle the procedures can significantly impact the outcome of your child’s case.
If you are searching for an underage DWI lawyer in Greensboro, you are likely facing one of the most stressful moments as a parent.
How We Help Students and Families
At Huggins Law Firm, we know exactly how you feel right now. You are angry, you are scared, and you are worried about their future. If you want to know more about how we’ve helped others in similar situations, read our client reviews.
Will they get kicked out of school? Will they lose their scholarship? Will they have a criminal record forever?
We want you to take a deep breath. We believe in Second Chances.
We know that young people make mistakes. A bad decision on a Friday night should not destroy a bright future. North Carolina has very strict “Zero Tolerance” laws for drivers under 21, but that does not mean the case is hopeless.
Whether the arrest happened in Winston-Salem, Graham, Asheboro, or Greensboro, our team of lawyers is here to stand between your child and the worst consequences of the legal system. We fight to keep their record clean so they can finish school and start their life.With this support, let’s explore the specific charges your child may be facing and what they mean for their future.
The Two Charges: “Driving After Consuming” vs. “DWI”
This is where it gets confusing for many parents in the Triad. Your child might be facing two different battles.
1. Driving After Consuming (< 21)
- The Standard: Simply having alcohol in your system.
- The Proof: A breathalyzer test showing a blood alcohol content (BAC) above 0.00 or the odor of alcohol.
- The Consequence: This is a Class 2 Misdemeanor. A Class 2 Misdemeanor for underage DUI can result in a license suspension of up to 1-2 years, fines up to $1,000, and potential jail time of up to 60 days. In Greensboro, North Carolina, underage DUI leads to a Class 2 misdemeanor with penalties including license suspension, fines, community service, possible jail time, and mandatory substance abuse education. It comes with a 1-year license revocation, but usually no jail time if it is the only charge.
2. Driving While Impaired (DWI)
- The Standard: Being appreciably impaired (unsafe to drive) OR having a blood alcohol content (BAC) of 0.08% or higher, as measured by a breathalyzer test.
- The Reality: If your child blows a 0.09%, they will likely be charged with BOTH offenses.
- The Consequence: This brings in the heavy punishments: potential jail time, community service, massive fines, and supervised probation.
Our lawyers look at the charging documents carefully. Did the officer overcharge them? Often, we see officers charge a student with full DWI even when the alcohol level was very low. We fight to get those heavy charges dismissed.
Both of these charges are considered impaired driving offenses under North Carolina law.
Understanding these charges is only the first step—next, let’s look at the immediate consequences your child may face.
Will My Child Lose Their License?

Yes. This is the most immediate consequence of the “Zero Tolerance” law.
If convicted of Driving After Consuming while under 21, North Carolina law mandates a one year license revocation of the defendant’s license.
Imagine a student at Elon University or Guilford College trying to get to internships or part-time jobs without a car. It is a nightmare.
Can we get Limited Driving Privileges? Here is the good news. Unlike some other charges, the law does allow a judge to grant limited driving privileges for a Driving After Consuming conviction, if your child has no prior convictions.
To be eligible for limited driving privileges, the defendant must have a valid license or one that expired less than a year prior to the offense.
These privileges allow them to drive to:
- Classes.
- Work.
- Court-ordered treatment.
However, individuals under 21 years of age are not eligible for limited driving privileges after a DWI conviction in North Carolina. This means that if your child is convicted of DWI (not just Driving After Consuming), they will not be able to obtain a limited driving privilege.
At Huggins Law Firm, we help prepare all this paperwork. We gather their class schedule and work hours to present to the judge. We argue that they are a good student who needs to drive to succeed. We fight to keep them mobile.
Now that you know the impact on driving privileges, let’s examine how a DWI arrest can affect your child’s education and college life.
The College Consequence: Will They Get Kicked Out?
An underage DWI arrest can have serious potential consequences for a student’s academic and extracurricular life, affecting everything from enrollment status to participation in campus activities.
For parents, this is often scarier than the court case.
School Disciplinary Hearings
Universities like UNC Greensboro, NC A&T, High Point University, and Wake Forest have strict Codes of Conduct.
When a student is arrested, the police often notify the school. Your child could face a disciplinary hearing on campus before they even go to court.
Potential School Penalties
- Suspension: Being sent home for a semester.
- Housing Loss: Being kicked out of the dorms.
- Scholarship Loss: Many scholarships have “good standing” clauses. A criminal drug or alcohol conviction can void that money.
- Athletics: If your child plays sports, an arrest can mean being benched or cut from the team.
How We Help with School Consequences
Our lawyers can sometimes help with the school process too. We can advise your child on how to handle the disciplinary hearing. More importantly, we try to resolve the court case quickly and cleanly to minimize the damage to their academic record. We emphasize to the prosecutor that a conviction shouldn’t cost a bright kid their degree.
With the school consequences in mind, let’s discuss whether it’s possible to keep a DWI conviction off your child’s record.
Is There a Way to Keep a DWI Conviction Off Their Record? (PJC)
You may have heard of something called a PJC (Prayer for Judgment Continued). This is a unique North Carolina law where the judge accepts a guilty plea but enters no judgment. It’s like a “get out of jail free” card.
The Rule:
- You cannot get a PJC for a regular DWI. It is banned by law.
- HOWEVER, you CAN theoretically get a PJC for “Driving After Consuming Under 21” (if it is not accompanied by a DWI conviction).
This is a legal loophole that can save a student’s record.
The Catch: Judges in Greensboro and Winston-Salem are very hesitant to grant PJCs for alcohol offenses involving driving. They want to see that the young person has learned a lesson.
To get a PJC, we have to do the work. We might ask your child to:
- Complete an alcohol education class (ADETS).
- Complete a substance abuse assessment.
- Perform community service voluntarily.
- Maintain excellent grades.
We present this “package” to the judge. We say, “Your Honor, this is a Dean’s List student who made one mistake. Please don’t stain their record forever.” This is the “Second Chance” strategy in action.
If you’re wondering why local experience matters, let’s look at the importance of hiring a Greensboro DWI lawyer.
Why You Need a Greensboro DWI Lawyer
Navigating Local Courts
If your child was arrested in Graham (Alamance County), the process is different than if they were arrested in High Point (Guilford County).
Guilford County is unique because it has two courthouses.
- Greensboro Courthouse: Handles cases from UNCG, A&T, and northern Guilford.
- High Point Courthouse: Handles cases from High Point University and the southern part of the county.
The District Attorneys in these two buildings are different people, and each district attorney is responsible for prosecuting DWI cases and representing the state in court. The judges are different. A lawyer who doesn’t know the local “lay of the land” might miss an opportunity to negotiate a better outcome.
Our team travels to Asheboro, Kernersville, Burlington, and beyond. We know the local system. We know which judges are strict on underage drinking and which ones are more focused on education and rehabilitation.
Next, let’s discuss the “Implied Consent” law and how it can affect your child’s case.
The “Implied Consent” Trap for Drivers Under 21
Just like adults, drivers under 21 in North Carolina are subject to Implied Consent. This means if an officer asks them to blow into the breathalyzer, and they refuse, they face consequences.
If your child refused to blow:
- Their license is automatically revoked by the DMV for one year (Civil Revocation).
- Because they are under 21, getting a limited privilege during this refusal revocation is extremely difficult and sometimes impossible for the first 6 months.
Many college students think refusing helps them. Usually, it just creates a bigger mess with the DMV. Even if they refused, the officer likely got a warrant for their blood anyway, and law enforcement may still conduct a chemical analysis (blood or breath test) to determine impairment.
If your child refused, call us immediately. We only have a few days to challenge that DMV revocation.
Now, let’s look at factors that can make an underage DWI case even more serious.
Aggravating Factors That Can Make an Underage DWI Worse
When it comes to underage DWI charges in North Carolina, not all cases are treated equally. The presence of aggravating factors can dramatically increase the severity of DWI punishment, making it even more critical to have an experienced Greensboro DWI lawyer by your side. Aggravating factors are specific circumstances or behaviors that the legal system considers especially dangerous or irresponsible, and they can substantially outweigh any mitigating factors present in your child’s case.
Some of the most common aggravating factors in underage DWI cases include having a prior DWI conviction, driving with a blood alcohol concentration (BAC) of 0.15 or higher, or engaging in negligent driving that results in a reportable accident. In even more serious situations, grossly aggravating factors—such as causing serious injury to another person, or driving with a passenger under 18 years old—can lead to even harsher penalties, including mandatory jail time and extended loss of driving privileges.
For example, if your child’s blood alcohol concentration reading is well above the legal limit (which, for underage drivers, is essentially zero due to North Carolina’s zero tolerance law), the court may view this as a sign of greater risk to public safety. Similarly, if there are prior convictions or evidence of grossly aggravating factors, the district court judge may impose severe penalties, such as longer jail sentences, higher fines, or the requirement to install a continuous alcohol monitoring system.
It’s important to remember that even a slight impairment can trigger these consequences under North Carolina DWI law. The presence of aggravating or grossly aggravating factors can make the difference between community service and significant jail time, or between a temporary license suspension and a much longer revocation. That’s why having a skilled NC DWI lawyer is essential—they can analyze the details of the traffic stop, challenge the evidence, and develop a defense strategy aimed at minimizing the impact of these factors.
If your child is facing underage DWI charges with aggravating factors, don’t leave their future to chance. The right legal representation can make all the difference in protecting their rights, their driving privileges, and their opportunities for the future. Reach out to a knowledgeable DWI attorney who understands the complexities of the legal system in Greensboro and across North Carolina, and who will fight to achieve the best possible outcome in your child’s DWI case.
Understanding aggravating factors is key—now let’s review common defenses that may apply to your child’s case.
Common Defenses for Underage DWI
Just because they blew a number doesn’t mean they are guilty. We look closely at the evidence.
1. The “Rising Alcohol” Defense
Alcohol takes time to absorb. If a student drank a beer and immediately drove home, they might not have had alcohol fully in their system while driving. If the breath test happened an hour later at the station, the number might be higher than when they were actually driving.
2. The Stop
Did the officer have a reason to pull them over? Police must have reasonable suspicion—specific, articulable facts—to initiate a traffic stop. If the officer didn’t see a traffic violation (like speeding or swerving), the stop might be illegal. Additionally, probable cause is required for an arrest or search after the stop. If the stop is illegal, the evidence gets thrown out.
3. The “Odor” Argument
For “Driving After Consuming,” officers often testify they “smelled alcohol.” But smells can be wrong. Was it mouthwash? Was it a spilled drink on their clothes from a party? We challenge the officer’s nose.
The prosecution must prove every element of the case beyond a reasonable doubt, and challenging this standard is a key defense strategy in underage DWI cases.
With defenses in mind, let’s talk about the financial impact of a conviction on your family’s insurance.
What Parents Need to Know About Insurance

We believe in Radical Clarity, so we have to talk about the money.
A conviction for Driving After Consuming or DWI is catastrophic for car insurance rates. According to the North Carolina Department of Insurance, a DWI conviction typically results in a 340% increase in premiums.
For a driver under 21 (who already has high rates), this can make insurance unaffordable. It can cost your family thousands of dollars over the next three years.
Hiring a lawyer to fight the charge or negotiate a non-moving violation (if possible) is an investment. Avoiding that insurance spike often pays for the legal fees itself.
Let’s summarize the most important points to remember if your child is facing an underage DWI in Greensboro.
Key Takeaways
- Zero Tolerance: NC law forbids any alcohol for drivers under 21. It’s not just 0.08%.
- License Loss: A conviction means losing the license for 1 year, though work/school privileges are possible.
- Serious Penalties: DWI convictions come with serious penalties, including possible jail time, heavy fines, and license suspension.
- School Impact: Colleges like UNCG and HPU have their own disciplinary systems. A conviction can hurt scholarships.
- The PJC Hope: Unlike a regular DWI, an underage “Driving After Consuming” charge might be eligible for a PJC to keep the record clean.
- Two Charges: Students can be charged with both the underage offense AND regular DWI. We fight to drop the heavy charges.
- Insurance Spike: Rates can triple. Fighting the ticket is the best way to save money long-term.
- Local Knowledge: You need a lawyer who knows the specific courthouse in Greensboro, High Point, or Winston-Salem.
Protect Their Future. Start Their Second Chance.
Your child is more than a police report. They are a student, an athlete, and a young person with dreams. One night shouldn’t erase all their hard work.
At Huggins Law Firm, we protect students in Greensboro, High Point, Winston-Salem, and across the Triad. We are professional, compassionate, and experienced.
Don’t let the “Zero Tolerance” law ruin their life. Contact Us Today for a consultation. Let’s get to work on their defense.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
If you still have questions, our FAQ section below covers the most common concerns for parents and students.
Frequently Asked Questions About Underage DWI
1. Does my child have to go to jail?
For a “Driving After Consuming Under 21” charge alone, jail is very rare. It is a Class 2 Misdemeanor. However, if they are convicted of a standard DWI (0.08+), jail time is possible, though we can usually argue for community service instead for a first offense. DWI is a serious drunk driving offense under North Carolina criminal law, and penalties can be severe depending on the circumstances.
2. Will this show up on a background check for jobs?
Yes. A conviction for a motor vehicle offense like DWI is a public record and can have long-term consequences. Employers often shy away from hiring young people with alcohol-related convictions. This is why we fight so hard to get the case dismissed or use a PJC to minimize the impact.
3. My child wasn’t driving, they were sleeping in the car. Can they be charged?
Yes. NC law looks at “operation” of a motor vehicle. If the keys were in the ignition or the engine was on for heat/AC, the police can charge them with a motor vehicle offense. These are tough cases, but we can argue that the vehicle was not in motion.
4. Should we just pay the ticket?
No! You cannot just “pay off” a DWI or Driving After Consuming charge. These are mandatory court appearance offenses. Pleading guilty without a lawyer guarantees the license revocation and the permanent criminal record. Drunk driving charges are serious and require a strong legal defense.
5. Can we expunge this from their record later?
North Carolina has strict expungement laws. A standard DWI conviction generally cannot be expunged. However, if the charge was only “Driving After Consuming” and they were under 18 or 21, there might be options down the road, but it is much safer to prevent the conviction now than try to erase it later.
6. What if they had a fake ID on them?
This adds another layer. Possession of a Counterfeit Instrument is a separate crime. It can also lead to license suspension. Additionally, possession of a controlled substance or impairing substance can result in further charges. Our lawyers handle this charge alongside the driving charge to try and resolve everything at once.
7. Can I attend the court date for my child?
Yes, and we often encourage it. Judges like to see supportive parents. It shows the family is taking the situation seriously. However, you do not have to speak. We do the talking for your child. Experienced DWI lawyers can guide families through the criminal law process and help protect your child’s rights.
8. What factors influence the severity of DWI penalties?
Courts consider aggravating and mitigating factors, as well as aggravating or mitigating factors, when determining DWI sentencing. If grossly aggravating factors exist—such as prior DWI convictions, driving with a revoked license, or causing injury—an aggravated level of punishment applies. If aggravating factors substantially outweigh mitigating ones, the penalties are more severe. The presence and balance of these factors can significantly impact the outcome of your child’s case.
9. Can speeding or causing property damage affect my child's case?
Yes. Driving significantly over the speed limit or causing property damage while impaired are considered aggravating factors in DWI cases. These can increase the severity of penalties your child may face.
10. What if my child was driving a commercial vehicle?
If your child was operating a commercial vehicle, the legal blood alcohol content (BAC) limit is lower (0.04) than for regular drivers. Commercial vehicle drivers face specific penalties, including possible CDL revocation and stricter consequences for DWI convictions.
11. Are there any special considerations for passengers with disabilities?
Yes. If a passenger is unable to exit the vehicle unaided due to a physical disability, this can be considered an aggravating factor in sentencing. Courts may take into account the presence of a physical disability when determining penalties.
12. Can prescription medication be a defense?
If impairment was caused by a lawfully prescribed drug taken within the prescribed dosage, this can be a mitigating factor in sentencing. Courts may consider whether your child followed the prescribed dosage when evaluating the case.
13. Does mental development affect sentencing?
Yes. Issues related to mental development can be considered mitigating factors. If your child’s cognitive abilities or mental development affected their judgment, the court may take this into account during sentencing.
14. How do driving record points affect DWI cases?
Accumulating at least four points on a driving record can trigger certain penalties or restrictions. The number of points from prior motor vehicle offenses may influence the severity of consequences in a DWI case.
15. How are juvenile DWI cases handled in North Carolina?
Juvenile cases in North Carolina are processed differently from adult cases; those under 16 are treated as juvenile delinquents, while those 16 or older face adult charges.