I'm moving to North Carolina and planning to get back my license.
I had a dui and got my DL suspended. My dui classes are done. I'm still continuing to pay my monthly payments. I was required to get the breathalyzer in my car but i don't have a car so is not done. Can i get my Drivers License there? What is the law in North Carolina?
As for moving to North Carolina, you will need to find out if they are a participating state in The Interstate Driver’s License Compact. This is a contract between states that enforces a DUI arrest out of state by agreeing to honor the DUI license suspension requirements in the state in which the DUI took place. So, your conviction of a DUI in California could require that the suspension remain in effect (be honored by NC). The effect of the Interstate Compact on your driving privilege will depend on NC’s DUI policies and laws, so I strongly recommend you consult an experienced North Carolina DUI attorney to determine whether or not your California conviction and probation terms will come into play in the Interstate Driver's License Compact. I encourage you to look on the National College for DUI Defense website to find an experienced NC attorney that can give you guidance, after you get your status with California sorted out.
States are not required to participate in the Interstate Compact. If your home state has not agreed to the Interstate Driver’s License Compact, then the Interstate Compact will have no impact on your driver’s license after a DUI conviction in another state. Other state laws may apply, but the Interstate Compact will not. Because of increasing political pressures, most states have joined and adopted the Interstate Compact, so the Interstate Compact will likely affect your driver’s license after a DUI conviction. However, the laws of your state will also control whether the Interstate Compact will apply to your DUI situation.
You need to check with a North Carolina attorney. However, in California, convictions from other states are used. Question to you: If you have completed the alcohol program, etc. why don't you just apply for a California license now? They have restricted licenses as well.
I agree with the previous answer. If you are enrolled in the DUI classes and it has been sixty (60) days after the date of the incident, you should be eligible to get a restricted California driver's license. You have to take the SR-22 to DMV and pay $125. Once you are done with the classes, you can go and get your CDL back if you were convicted of a first DUI. If this was your second or subsequent, you will have to finish the multiple offender program (18 months) and your CDL would have been suspended for two years. Once the suspension is over, you can get your DL back. My understanding is that other states will monitor what CA does to see if you are eligible for a DL.
You could check with a NC attorney but I suspect that when you submit you application for a drivers license in NC they will ask you if your license or driving privileges are suspended or revoked anywhere else. When you answer truthfully (don't lie) they will probably deny your application.
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