A: Bill’s answer: GREAT QUESTION

License restoration issues are notoriously complicated, especially when they involve the Driver License Compact and DWI charges in North Carolina.

Each case and fact pattern is unique. So it makes sense to flesh out the procedural history and find out what, if anything, is causing problems.

It sounds like the inquiry involves a hold in Florida for offenses that took place in North Carolina.

It's important to understand that while the state of the offense (place of conviction) metes out its own punishments (and license revocations) the HOME STATE may also take action for that same conviction.

Until things are cleared up, the license status, again relative to NC, would likely indicate an "indefinite suspension."

One of the quickest, and cheapest, ways to figure out what's going on is to pull a copy of the driving history or record. Lawyers in NC may refer to that as an "abstract."

Here's the link to get a NORTH CAROLINA record: https://edmv.ncdot.gov/DrivingRecords

It's about $10 and they'll immediately email a PDF of the record. Two important tips: 1. In that it's been close to 20 years, the PDF record may not go back that far. 2. If there was never an NC driver's license, it very may be necessary to pull a Florida DMV record instead.

This seems to be the link to do that: https://services.flhsmv.gov/dlcheck/
See also: https://www.flhsmv.gov/pdf/forms/90511.pdf
See also: https://www.flhsmv.gov/driver-licenses-id-cards...

In North Carolina, NCDMV may suspend NC Licensees for certain out-of-state convictions. That's pretty common for DWI, DUI, and/or "impaired driving" convictions in other states.

The simple rule of thumb is this: If it would have revoked you in NC if it happened in NC, NCDMV may revoke you here (NC) for what took place there.

You can find that in N.C.G.S. 20-16 (a) (7) when the driver "Has committed an offense in another state, which if committed in this State would be grounds for suspension or revocation."

For more information about the participating states in the Driver License Compact, go to: https://apps.csg.org/ncic/Compact.aspx?id=56

DWI lawyers in North Carolina likely would have some questions such as:

Were all the terms and conditions of the judgment for BOTH offenses marked as complied in NC?
Were all court costs, fines, community service fees, etc., paid?

DWI judgments in North Carolina, even back in the early 2000s, commonly required completion of an alcohol assessment and compliance with recommendations, the performance of community service hours, and a mandatory license suspension and/or revocation.

It is at least conceivable, assuming all the terms and conditions of the judgment(s) were met, that information was not transmitted to the "home state," that being Florida in this instance/query.

If that's the case, then a North Carolina lawyer may be able to help.

On the other hand, if there are other terms and conditions for license reinstatement imposed by the home state, then it likely makes sense to talk to legal counsel there (Florida).

It's probably best to talk privately with a lawyer (or lawyers) and limit what is posted online in a public forum.

Bill Powers
Union County DWI Defense Lawyer
CarolinaAttorneys .com

A: Bill’s answer: GREAT QUESTION

Appreciable impairment is frankly an extremely complicated area of law.

Impairment caused by controlled substances (both legal and illegal) is something that may be observed and described. Lawyers may use the term "capable of description."

Furthermore, "appreciable impairment" does not require and is not technically related to lab testing and/or EC/IR II breath test results. It requires only opinion testimony by the charging officer.

DWI lawyers in NC may want to research:

Did the defendant consume any amount of an impairing substance? Did the defendant lose control of their mental and/or physical faculties to an appreciable or noticeable extent/level? Was impairment "noticeable?"

I'm not trying to be pedantic or obtuse. Those are some of the terms attorneys use in court. They're predicated on the NC Pattern Jury Instructions which, in relevant part, set forth:

To find the defendant guilty of this offense, the State must prove three things beyond a reasonable doubt:

First, that the defendant was driving a vehicle. Second, that the defendant was driving that vehicle upon a [highway] [street] [public vehicular area] within the state. And Third, that at the time the defendant was driving that vehicle, the defendant:

a. Was under the influence of an impairing substance. (Name substance involved) is an impairing substance. The defendant is under the influence of an impairing substance when the defendant has taken (or consumed) a sufficient quantity of that impairing substance to cause the defendant to lose the normal control of the defendant's bodily or mental faculties, or both, to such an extent that there is an appreciable impairment of either or both of these faculties.

b. Had consumed sufficient alcohol that at any relevant time after the driving the defendant had an alcohol concentration of 0.08 or more grams of alcohol [per 210 liters of breath] [per 100
milliliters of blood]. A relevant time is any time after the driving that the driver still has in the body alcohol consumed before or during the driving]. The results of a chemical analysis are
deemed sufficient evidence to prove a person's alcohol concentration.

Clearly, the PJI "name substance involved" language is key in this instance.

At the same time, if indeed there are no impairing substances indicated at all, that's good; but, it isn't necessarily the end of the story.

The NC School of Government in Chapel Hill states: "The State does not have to prove the specific drug consumed." https://nccriminallaw.sog.unc.edu/proving-drugg...

I'm not sure if DWI defense lawyers would agree in every instance with that inference, especially in the extremely unique circumstance where there is no impairing substance reported after EC/IR or GC/GCMS testing.

To clarify, the EC/IR II (Intoximeter breath testing device), tests only for ethyl alcohol. Ordinarily in NC, with regard to blood testing for ethanol ("drinking alcohol" that's in beer, wine, and liquor), analysts conduct only the GC portion of the GC/MS testing.

If substances other than or in addition to EtOH (ethanol) are suspected, the lab typically first conducts a type of screening test known as an immunoassay or "panel" prior to performing a full GC/MS analysis.

Thereafter, formalized, evidentiary-level blood testing in NC utilizes what is called single column GC/MS (Gas Chromatography / Mass Spectrometry).
Almost all the categories of impairing substances may be detected using GC/MS. There is one traditional, notable exception: LSD

Given the complexities of the inquiry and the related science, it makes sense to consult with a DWI lawyer with substantial experience and knowledge base of blood testing protocols.

Prosecutors do not dismiss cases willy-nilly. It wouldn't be unheard of to re-test a sample, obviously depending on the nature and circumstances of the charge(s).

Again, GREAT QUESTION.

Bill Powers
NC DWI Defense

A: Bill’s answer: GREAT QUESTION

If the matters have all been disposed of in South Carolina and the conditions of the judgment(s) met, including payment of all court costs, fines, fees, community service hours, substance abuse assessment/treatment, etc., "holds" as reported under the Driver License Compact (South Carolina reporting to North Carolina DMV) might be lifted or otherwise cleared.

THIS IS A NOTORIOUSLY COMPLICATED (IF NOT CONFUSING) AREA OF LAW.

It, therefore, makes sense to consult with an experienced DWI lawyer. The consequences of not being able to legally drive are far-reaching and can be devastating.

It's important to understand states often share information with one another, especially when it involves DWI or DUI convictions. See the links below for more information about that.

Sometimes states forget to share information regarding compliance with a judgment and reinstatement (or eligibility for reinstatement) of a license, thus resulting in a perpetual "hold."

These types of legal issues may necessitate retaining legal counsel to help clear up problems/errors and seek a "clearance letter" or notice of compliance be transmitted to NCDMV by SCDMV, if that's possible.

The term "hold" means something to lawyers. It's technical in nature.

A hold can result in NC refusing to renew or reinstate a license until an issue is cleared up in some other state.

There can be additional, independent types of suspensions imposed by NCDMV for out-of-state convictions (for certain charges), resulting in an active suspension or revocation of an NC Driver's License in the driver's home state of North Carolina.

In some instances, North Carolina DMV may lawfully suspend a license even if the offense(s) didn't take place in NC. (That's why it's a bad idea to just pay off tickets or take a plea without considering the consequences in North Carolina.)

Given the number of convictions referenced in the question, understanding the fact pattern deserves careful consideration of the historical nature and timing of the conviction(s), one might reasonably wonder if the suspension in North Carolina is marked as "permanent."

One might also ask, "Is this something eligible for a restoration hearing with NCDMV?" That too is notoriously complicated and is by no means guaranteed.

If there were 4x DWI convictions in NC within a certain time period, that could involve something more problematic, as there is presently no remedy (hardship license, privilege, or even a hearing) for a Habitual DWI conviction and related revocation in North Carolina.

THAT IS NOT TO SAY THAT'S WHAT HAPPENED IN THIS FACT PATTERN/INQUIRY.

I do NOT practice in South Carolina; our office is in Charlotte. Our associate attorney Chris Beddow is licensed in both SC and NC. Our firm sees quite of few SC/NC crossover issues in Mecklenburg County.

It's my understanding SC does have a type of "Habitual Offender" relating to some driving issues. See: https://law.justia.com/codes/south-carolina/201...

See NCGS 20-138.5 for more information about Felony Habitual DWI: https://www.ncleg.net/enactedlegislation/statut...

See also Interstate Compact info: https://www.ncdps.gov/media/2070/open

See also NC Driver License Compact info: https://www.ncleg.gov/EnactedLegislation/Statut...

Again, GREAT QUESTION. Makes sense to talk to a lawyer to determine what, if anything, may be done.

Thanks!

Bill Powers
NC DWI Lawyer
Charlotte NC