Sen. Norman Sanderson, 74, of Arapahoe, was arrested Saturday near Edwards Mills Road in Raleigh. He also faces charges of failure to obey a traffic officer and transporting an open container of alcohol.
Court records state his breath test was 0.16.
"Last night I made a regrettable mistake, and I take responsibility for my actions," Sanderson told ABC11. "I want to apologize to my constituents, my colleagues, and my family for letting them down. I commend the State Highway Patrol and the Wake County Sheriff's Office for their professionalism during the incident."
Sanderson posted a $2,000 bond. He is expected to appear in court on Nov. 7 in Wake County.
Sanderson, a Republican, represents Carteret, Chowan, Halifax, Hyde, Martin, Pamlico, Warren, and Washington counties.