Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. The jail figures are from the Vera Institute of Justice's Incarceration Trends data. Every office link was opened and checked against the office's own site on September 23, 2026.
Burke County, North Carolina, has about 89,000 residents (2024 Census Bureau estimate). A DWI arrest in Burke County starts two cases, a criminal case in the District Court and a license case before the Division of Motor Vehicles, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.
This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.
Related guides: Burke County public records, Burke County arrest records, Burke County warrants, Burke County inmate search, Burke County criminal records, North Carolina arrest records and North Carolina inmate search.
The DWI Law in North Carolina
In North Carolina the offense is DWI, and the limit is 0.08.
Driving in North Carolina is consent to a breath or blood test when an officer has cause to suspect DWI; the license case that follows a refusal or a failed test is run by the Division of Motor Vehicles, separately from the criminal case.
For charging and sentencing, North Carolina counts prior offenses within 7 years.
Who Makes DWI Arrests in Burke County
The Burke County Sheriff's Office and the agencies that report for Morganton, Valdese, Drexel, Glen Alpine and Rhodhiss make the DWI arrests in Burke County.
The FBI's agency list also places one more agency in Burke County: the State Park Rangers at South Mountains (state agency).
Together, the six agencies in Burke County with all twelve months of 2025 on file reported 3,720 arrests to the FBI that year, all offenses together; the FBI's count for Burke County does not break DWI out.
The Long View Police Department and the Hickory Police Department are each listed by the FBI across several counties including Burke County, so their arrests are not broken out for Burke County here.
Booking After a DWI Arrest in Burke County
A driver arrested for DWI and kept in custody goes to the county jail, whichever agency made the arrest. The jail, run by the Burke County Sheriff's Office, held about 120 people on an average day in 2024 by the Vera Institute of Justice's count and has a jail page SearchSystems verified at burkenc.org/2562/Jail, phone 828-764-9590. The Burke County inmate search guide covers the jail in full.
The Court Case
The District Attorney files the charge, and the case is heard in the District Court.
The court records page SearchSystems verified for the county is at nccourts.gov/locations/burke-county.
Statewide, eCourts Portal is the North Carolina Judicial Branch's free statewide case search.
The License Case
A DWI arrest starts two cases: the criminal one above and an administrative one over the license, run by the Division of Motor Vehicles. The driving record, kept by the North Carolina Division of Motor Vehicles, carries the result of both.
The Records a DWI Leaves
- The arrest report: from the agency that made the arrest, under the North Carolina Public Records Act.
- The court file: from the District Court, kept by the Clerk of Superior Court.
- The driving record: from the North Carolina Division of Motor Vehicles.
More on each: Burke County arrest records, Burke County police reports and Burke County court records.
Frequently Asked Questions
What is the DWI limit in North Carolina?
0.08 percent blood alcohol.
Where is a DWI case from Burke County heard?
In the District Court, brought by the District Attorney. The court records page SearchSystems verified for the county is at nccourts.gov/locations/burke-county.
Where is a person arrested for DWI in Burke County held?
At the county jail, run by the Burke County Sheriff's Office, if kept in custody.
Who handles the license after a DWI arrest in North Carolina?
The Division of Motor Vehicles, in an administrative case separate from the court case.
How long does a DWI count as a prior in North Carolina?
7 years.
Is this the official Burke County website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official county, court and state offices described above and does not hold records, charge for them or take requests.