Can I Get My License Revoked in NC After a DWI?
Yes, DMV can impose various types of revocations the moment you are charged with a DWI. Not only are there consequences for a charge, but also for a conviction.
30-Day Civil RevocationThe most common revocation is the 30-day civil revocation. This is issued at the time you are charged with an implied consent offense. If an officer has reasonable grounds to believe you have:
(1) Committed an implied consent offense (in this case a DWI)
(2) Submitted to a breath test; and
(3) Received a breath alcohol content result of .08 or greater
Then your driver*s license will be subject to an immediate 30-day civil revocation.
However, an officer must comply with all testing procedures as mandated by law, and any violation of these procedures invalidates the suspension. This is a ripe area for challenging the suspension by filing for a DMV hearing.
If all the above is met, then you will be subject to an immediate 30-day civil revocation. After 30 days, a $100 fine can be paid to the courthouse in the county where you were charged. Upon waiting the 30 days and paying the $100 fine, your full driving privileges will be restored. Even though it is called a 30-day revocation, the revocation of your driver*s license will continue forever until the $100 fine is paid.
After 10 days, an attorney can petition the court for a limited driving privilege to drive to work and for essential household purposes. In order to qualify you need to have a pre-trial substance abuse assessment. Standard hours for a limited driving privilege are Monday - Friday, 6am to 8pm. The reason for it is because outside of those hours is when it is most common for people to drink. However, your work hours may be outside of those times. If so, you will need a letter from your employer in order to be able to drive to and from work. Upon qualification from the judge for a limited driving privilege, you must pay a court fine of $100 and in some counties a small processing fee.
RefusalIf at the time of being charged, you refuse to provide a breath sample, you can face a one-year revocation of your driver's license. The refusal is valid only if the following happens:
(1) The officer gives reads and gives you the standard form with all your rights prior to testing;
(2) The officer has reasonable grounds to believe that you committed an implied consent; and
(3) Your refusal was willful
If all the above is met, then DMV will revoke your license for 1 year. An attorney can request a refusal hearing with the DMV to contest whether the law enforcement officer had reasonable grounds to believe you were driving while impaired, whether the procedure was correctly followed, and whether your refusal was willful. Timely requesting a refusal hearing will halt the revocation of your driver*s license while the hearing is pending.
Post-Conviction RevocationIn most circumstances, a you will have your license revoked for 1 year upon conviction of a DWI (all first-time offenders). If you have a prior DWI conviction with an offense date within three years of the offense date of your current DWI, then your license will be revoked for 4 years. A third DWI conviction within 10 years will result in a permanent revocation of your driver*s license.
With four-year revocations you may be eligible after two years to petition with DMV for restoration of your driver*s license. With a permanent revocation, you must wait at least 3 years for a DMV hearing. If you are revoked for habitual DWI, the waiting period is 10 years before you can petition for a DMV hearing.
Limited Driving PrivilegeYou may be eligible for limited driving privileges if:
(1) At the time of the offense you held a valid driver's license (or a license that had been expired for less than a year);
(2) At the time of the offense you had not been convicted of DWI within seven years.
(3) You are punished at only a level 5, 4, or 3.
(4) After being charged you do not receive any more DWI charges or convictions; and
(5) You have obtained and present to the judge a DWI substance abuse assessment.
Standard hours for a limited driving privilege are Monday - Friday, 6am to 8pm. If you need to work outside those hours, then you will need to present a letter from your employer. Unlike pre-trial limited driving privileges, you also need to provide a form from your insurance company called a DL123. That form establishes that within 30 days of seeking the privilege you were properly insured. The costs for a limited driving privilege are a court fine of $100 and in some counties a small processing fee.