The Division of Motor Vehicles (DMV) determines who may and may not drive in North Carolina. If the DMV suspends or revokes your license, speak at once to an experienced Winston-Salem driver’s license attorney at LAWSMITH, the Law Offices of J. Scott Smith.
If you are arrested and charged with driving while impaired (DWI) in this state, you’ll face two types of penalties: criminal penalties when you are tried for DWI in a criminal court, and an administrative penalty when your driver’s license is revoked by the Division of Motor Vehicles.
WHEN WILL THE NORTH CAROLINA DMV REVOKE A DRIVER’S LICENSE?
Your driver’s license will be immediately revoked for thirty days by the DMV if you are arrested for driving while impaired in this state and if:
- You refuse a breathalyzer test to measure your blood alcohol content (BAC) level.
- You are 21 or older driving with a BAC level at or above 0.08 percent.
- You are a commercial driver driving with a BAC level at or above 0.04 percent.
- With a prior DWI conviction, you are driving with a BAC level at or above 0.04 percent.
- You are under 21 and driving with any measurable BAC level.
FOR HOW LONG IS YOUR LICENSE REVOKED? HOW CAN IT BE RESTORED?
After a conviction for a first DWI offense in this state, the driver’s license is revoked for one year. A restricted driving privilege may be granted if no one was injured, no passenger under age sixteen was in the vehicle, and the driver submits to a substance abuse assessment.
To have the driving privilege restored at the end of the one-year revocation, the driver must attend treatment sessions or alcohol education classes as recommended by the assessment. If there is a second DWI conviction within three years, the license revocation is for four years.
WHAT IF A DRIVER REFUSES TO TEST?
When a driver is stopped for suspicion of DWI, and a police officer asks the driver to submit to a breathalyzer test, if the driver refuses, an automatic thirty-day license revocation is imposed, and an additional one-year revocation may be imposed after a license suspension hearing.
Even if that driver is not convicted of DWI in the criminal courts, the one-year revocation is still imposed by the DMV for refusing to test. In these cases, a restricted driving privilege may be granted but only after the driver’s license has been revoked for at least six months.
ABOUT THAT LICENSE SUSPENSION HEARING
The DMV license suspension hearing is your opportunity to avoid having your driver’s license revoked for a year. Immediately after a DWI arrest, you must contact an experienced Winston-Salem driver’s license attorney and have that attorney request a DMV hearing on your behalf.
No DMV hearing will be scheduled for you – and your license will be automatically revoked – if you and your attorney do not immediately request the DMV hearing. This hearing is purely administrative and entirely separate from the criminal prosecution for driving while impaired.
HERE’S HOW TO GET THE LEGAL HELP THAT YOU’LL NEED
You’ll need to be represented at that hearing by an experienced DWI attorney at LAWSMITH, the Law Offices of J. Scott Smith. At LAWSMITH, we’ve established a reputation for legal excellence in the field of DWI law.
We routinely represent our clients in license suspension hearings before the DMV, and we provide a complete and effective legal defense in the criminal courts to those who are charged with DWI in the state of North Carolina.
If you are facing a driver’s license revocation and a DWI charge in this state, contact LAWSMITH at once. Call 336-306-8644 or use the contact form here on our website. We have offices in Winston-Salem and in Greensboro. We will fight aggressively for the justice you need.