Your driver’s license can be suspended after a DWI arrest in the Tar Heel State if your BAC was over the legal limit or you refused a breath test. If you are convicted of DWI, your license can be revoked for one year.
So, if you live in North Carolina, you face harsh penalties for getting arrested for DWI, even when you’re a first-time offender. That is why you’ll need to reach out to a DWI attorney in Carteret County, North Carolina who regularly manages DWI cases. They can explain your rights to you and help you experience the most favorable outcome possible after an arrest for DWI.
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North Carolina DWI Penalties
Again, if you are stopped for DWI in North Carolina and officers determine you are impaired, your license will be suspended. You may also face jail time, community service, or probation if convicted.
Driver’s License Revocation after DWI
Your driver’s license privileges are revoked after the Department of Motor Vehicles (DMV) receives notice that you were convicted of DWI. Moreover, if you’re pulled over during a revocation period, you may be charged with DWLR, which is short for Driving While License Revoked.
What Is the Length of a License Revocation?
How long revocation lasts varies depending on prior DWI convictions and your level of punishment. The data below summarizes the length of times for revocation based on the following:
- For a first DWI offense, your revocation period is one year.
- If you have a prior DWI conviction within three years of your current DWI offense date, your license will be revoked for four years.
- Your license is revoked permanently if you have two or more prior DWI convictions, and one of the convictions is within five years of your current DWI offense date.
Therefore, your DWI offense date is critical. It is the date of the incident that led to your current DWI charge and the date that appears on your citation.
Limited Driving Privilege: Determining Eligibility
If you’re eligible, you may receive a limited driving privilege (LDP) after a DWI arrest and conviction. An LDR allows you to drive while your license is revoked.
You should consult a criminal DWI defense attorney about your case. When you experience this type of event, you want to make sure you know your rights and receive the best results.
Eligibility Requirements
To be eligible for an LDP, you must meet the following qualifications:
- When you were arrested, you either had a valid license or a license that had expired for less than a year;
- The only reason the license was revoked was your current DWI charge.
- Since the current DWI offense date, you haven’t been arrested and charged or convicted of DWI, nor do you have another DWI pending.
- You haven’t been convicted of DWI in the previous seven years before the current DWI offense date.
- Your license has been revoked for at least ten days if the revocation spans 30 days or at least 30 days if the revocation covers 45 days.
- You have undergone and completed an assessment for substance abuse.
- You can show proof of auto insurance.
- If you’ve been convicted of DWI, your sentence is under the Level 3, Level 4, or Level 5 category.
You’re not eligible for an LDP if your DWI falls under a higher Level 1 or Level 2 sentencing classification.
Level 3, 4, and 5 DWIs
Level 3 DWIs include aggravating factors that notably outweigh any mitigating factors. A fine is assessed up to $1,000. Probationary conditions include imprisonment of at least 72 hours to 6 months and community service of at least 72 hours.
Level 4 DWI cases do not feature any aggravating or mitigating factors, or the aggravating factors are equal to the mitigating factors. Arrestees are subject to a fine of up to $500 and imprisonment of 48 hours to 120 days, including 48 hours of community service.
Level 5 DWI convictions feature mitigating factors that substantially outweigh the aggravating factors in the case. The defendant is subject to a fine of up to $200, 24 hours to 60 days of imprisonment, and 24 hours of community service.
Aggravating and Mitigating Circumstances
It may lead you to wonder what the court defines as aggravating or mitigating factors. It is crucial to know about sentencing and the loss of driving privileges.
Aggravating Factors
Aggravating factors may include:
- Having one or more prior convictions for DWI - outside the seven years for the DWI charge
- Having two or more previous traffic violations that added three or more points to your driving history
- Speeding while trying to avoid arrest
- Driving past a stopped school bus at the time of the DWI
- Driving 30 miles or more over the posted speed limit when arrested for DWI
- Driving with a license revoked for a non-DWI offense
- Driving recklessly or dangerously during the incident
- Driving with a BAC of .15 percent or higher (the legal limit for BAC is .08 percent for drivers)
- Being grossly impaired
Gross Aggravating Circumstances
Gross aggravating factors increase the severity of a DWI sentence and may include driving with a minor who is under the age of 18 or causing a severe injury while impaired.
Another example of this type of factor is a DWI conviction that occurs before sentencing but after a current DWI charge.
Also, you can include this incident under this category if the DWI occurred while driving with a revoked license for a prior DWI offense.
If you were driving with a person with a physical disability who can not exit the vehicle, this is considered a gross aggravating factor as well.
Mitigating Circumstances
Mitigating factors may reduce a DWI sentence and include the following:
- Completing a substance abuse assessment and complying with the evaluator’s recommendations - abstaining from alcohol for 60 days with the state’s continuous alcohol monitoring (CAM) device.
- Being slightly impaired
- Having a BAC of .09 percent
- Driving safely and following the traffic laws, aside from the DWI
- Having a clean driving record
- Not having an offense of at least four points within five years of the current offense
- Being under the influence of a prescribed dose of a medicine at the time of the incident
- Going to a mental health facility for an evaluation after being charged and voluntarily starting a recommended treatment program
Restoring Your Driver’s License
To regain the privilege to drive after a conviction for DWI, you must apply to the state DMV to restore your license after the revocation period ends. You’ll need to pay the appropriate fees as well.
However, that does not mean things go back to normal. You’ll also face certain restrictions. For example, if you haven’t had a previous DWI conviction, your legal limit for BAC is .04 instead of .08 for three years. If you’ve had a prior conviction within three years from your current DWI offense date, your legal limit is 0.00 for three years. Two or more prior convictions within five years of the current DWI offense date extend the BAC restriction of 0.00 to seven years.
When restoring your license, you may also have to have an ignition interlock device installed on your auto. It may be required if your BAC is 0.15 or more.
You may receive a conditional restoration of your license for a four-year license revocation if, after two years, you haven’t been convicted of DWI or are not an excessive user of alcohol or drugs. It also applies if you’re not illegally using a controlled substance.
Contact a North Carolina DWI Defense Attorney Now
As you can see, the law in North Carolina is comprehensive regarding a driver’s license revocation. You should contact a DWI defense lawyer about your case now. The sooner you take this step, the sooner you’ll be able to pay restitution and move forward with your life. Only through a lawyer’s help can you see a more positive outcome to your case. Talk to a criminal defense lawyer today. Schedule an appointment for a consultation to review your case.