I took a breath test, BAC reported as at least .08 but less than .15
Your license will be suspended immediately for a 30 day Civil Revocation. You may apply for a limited driving privilege after 10 days and get your full license back from the clerk of court after 30 days upon payment of a $100 fee. You will have no restrictions on your driving from that point until the case is done. To contest the civil revocation, file notice within the first 10 days at the clerk of court. If convicted of DWI your driving privilege will be suspended for one year effective the date of conviction. You may not have to surrender an out-of-state license, but you still cannot drive in NC. Any suspension will still be reported to your home state. You may apply for a limited driving privilege immediately after you are convicted, and it will cover the full suspension period.
After one year, apply to the DMV for restoration. You must demonstrate that you have complied with the court judgment as well as completed an alcohol assessment and any recommended treatment
I took a breath test, BAC reported to be .15 or more
Your license will be suspended immediately for a 30 day Civil Revocation. The civil revocation rules are the same as discussed above. If convicted your driving privilege will be suspended for one year effective the date of conviction. You may not have to surrender an out-of-state license, but you still cannot drive in NC and the suspension will still be reported to your home state. You may apply for a limited driving privilege 45 days after your date of conviction, but the privilege will be more restrictive than most and will require that you only drive a car equipped with an ignition interlock device. After one year, apply to the DMV for restoration. You must demonstrate to them the same things as discussed in section 1. In addition, if you did not already have interlock installed as part of a limited driving privilege your restoration will be conditioned on driving with such a device for the first year.
I took a blood test instead of a breath test
Your license will not be suspended immediately as with a breath test, so you will be still able to drive pending the results of the blood test. If the test shows a BAC of .08 or more the DMV will mail you notice of a 30 day civil revocation and you will be required to turn in your license to the clerk of court. The same rules then apply as for breath tests. If the test shows a BAC of less than .08 or the DWI was not based on alcohol, no civil revocation applies. If you are convicted of the DWI then the same rules apply as in cases involving a breath test. Non-alcohol DWI convictions are not required to have interlock devices installed.
I am alleged to have refused to take the breath or blood test
Refusing the test immediately revokes your driving privilege for a year, regardless of what happens with the case in court. In addition, the civil revocation applies as well, so you can pay the $100 fee and get your physical license back after 30 days, but you cannot drive due to the refusal. DMV will mail notice of that suspension to your address on record, and if you wish to contest the refusal you must notify DMV within 10 days of getting their suspension notice. If you do so then the suspension is lifted until the hearing. You cannot apply for a limited driving privilege until the case is done in court and six months have passed since the refusal. If you are convicted of the DWI then you will also have the same one year suspension as discussed above that starts the date of the conviction (and may overlap the refusal suspension). If your case is not done before the refusal suspension ends, you can get your license back in the interim. Restoration as handled as in section 1.
I was never asked to take a breath or blood test
No civil revocations apply if no tests were requested, so you can continue to drive until the case is resolved. If you are convicted of the DWI then you will be subject to the same one year suspension of your driving privilege as with other DWIs. You will be eligible for a limited driving privilege immediately, and you would go about applying for restoration of your driving privilege just as in other cases. Interlock would not normally apply.
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