Chapter 2 — Alcohol and the Law 29 Chapter 2 Alcohol and the Law Driving While Impaired DWI Laws: Driving while impaired can be proven in one of two ways: Everyone’s driving is impaired at a blood alcohol concentration, or BAC, of 0.08  percent, but many people are affected at much lower levels. Research shows  that the risk of being involved in a crash increases when the alcohol level is 0.05  percent, and at 0.08 percent, the risk of causing a fatal crash is even greater. In 1983, the North Carolina General Assembly enacted the Safe Roads Act. This  act repealed all previous laws on drunk driving in North Carolina and replaced  them with a single offense of “Driving While Impaired–DWI.” If an officer charges you with driving while impaired, you will be asked to take  a chemical test of your breath or blood. Refusal to perform any required test  will result in the immediate revocation of your driver license for at least 30 days  and an additional, minimum 12-month revocation by the DMV. In certain  instances, after six months of the willful refusal revocation has elapsed, the judge  may issue a limited driving privilege.  If your blood alcohol concentration test shows a BAC of 0.08 percent or more  (0.04 or more, if you are driving a commercial motor vehicle), your driving  privilege will be revoked immediately for a minimum of 30 days. Additionally,  the results of your chemical test or the fact that you refused to take the test will  be admissible as evidence in court. • Require persons who are convicted of DWI for the second time to serve a  jail sentence; • Provide for different levels of severity of punishment based on the severity of the offense; • Prohibit the possession of alcoholic beverages (open or closed) in the passenger  area of a commercial motor vehicle while upon any highway, street or public  vehicular area; • Prohibit the transport of an open container of any alcoholic beverage, including in the passenger area of the car; • Prohibit drivers from consuming any alcoholic beverage, including beer, while driving; • Allow enforcement agencies to set up road blocks to check for impaired drivers; •  By proving the driver's blood alcohol concentration is 0.08 percent or  more, or 0.04 or more, if you are driving a Commercial Motor Vehicle. •  By proving the driver's physical or mental fitness are appreciably  impaired by alcohol, drugs or a combination of both; or