The Consequences of a DWI: A Stark Reality Check
Driving while impaired (DWI) is a serious crime that carries significant legal, economic, and personal consequences. Whether it’s your first offense or you’ve been charged with a DWI before, the experience can be overwhelming, confusing, and scary. It’s very important to understand that a DWI conviction can have long-lasting effects. Some of these include fines, court fees, higher insurance rates, and potentially jail time. A DWI on your record can impact your ability to secure employment, housing, and loans. The most immediate and devasting impact, however, will be the loss of your driving privileges. With so much at stake, it’s essential to clearly understand your rights and your options.
Before Trial License Suspensions: Civil Revocations
The only thing a prosecutor must show in order to convict you for DWI is that you were operating a motor vehicle while impaired. This requires a chemical test on your breath, blood, or urine to determine the amount of alcohol in your bloodstream. Usually, multiple tests are administered for validity and the results are expressed as a percentage. The higher a person’s Blood Alcohol Concentration (BAC), the more impaired they are. The legal limit for operating a motor vehicle in North Carolina is 0.08%.
In North Carolina, if you are caught driving with a BAC above the legal limit or have refused to take a BAC test, your license will be suspended for a minimum of 30 days up to 45 days. Your license will be taken at the police station by a Magistrate where your test was either taken or refused. This pre-trial suspension is called a Civil Revocation (CVR). Unless challenged within 10 days of the suspension, a CVR can only be removed by waiting for the 30–45-day period and paying a fee of $100 to the Clerk of Court. This suspension is separate from any criminal penalties you may face.
Breath Tests: To Take Or Not To Take
Pre-Trial: DMV Administrative Suspension
It is assumed when you decide to drive that you will comply to take a breath test if asked. If you have refused to take a BAC test while being arrested for your DWI, your license will automatically be suspended for one year by the North Carolina Division of Motor Vehicles (NC DMV). This is known as a refusal suspension and often runs separately from the suspension of your driver’s license following a DWI conviction. Since this is an administrative suspension, to challenge it, you must request a DMV hearing within 10 days of the incident or wait for the one-year period to elapse. Scheduling a hearing can be completed online, by mail, or in person at the DMV office. However, there are scheduling fees the DMV requires and it is highly recommended that you consult with an experienced attorney before attending such a hearing.
After Conviction: Loss of Driving Privileges
Once you go to trial, if you are found guilty of DWI, your driver’s license will be suspended by the court. The length of the suspension depends on the details of your case and repeat offenders will often receive harsher penalties. It is important to note, this is a criminal conviction, not merely a traffic violation. If convicted of DWI, this conviction will go on your record and is non-expugnable.
A first-time offender will receive a suspension for a minimum of one year. For a second offense, the minimum suspension is four years, while the maximum penalty is a permanent loss of driving privileges. Should you receive multiple convictions, or have aggravating factors, like a child in the vehicle, the penalties increase.
Chart Courtesy of NCDMV
*No two driving records are the same and might have several suspensions, which can change eligibility dates for hearings or reinstatements.
Getting Your Privileges Back: Conditional Restoration
The length of a DWI suspension can be shortened in certain situations by applying for a conditional restoration of your driver’s license with the NC DMV after at least two years out of a four-year suspension have elapsed. A conditional restoration of a North Carolina driver’s license following a DWI conviction requires a hearing at the DMV.
To get driving privileges after a DWI conviction involving a BAC of .15% or more, you may be required to have an ignition interlock device installed in your car. An IID is a machine that tests your breath alcohol content before you start the engine. Usually, it won’t let your car start if your breath alcohol is above 0.02% BAC. You will also be asked to blow into the device while the car is moving, these are known as rolling retests or breath samples. IID providers will typically charge an installation fee in addition to monthly and other fees. Your records will be sent to your provider every two months. The NC DMV monitors the logs for any failures which may cause extra suspensions to your driver’s license and additional fees to your provider.
Road to Recovery: Complete Restoration
To have your driver’s license reinstated following a DWI conviction, you will need a substance abuse assessment from a provider who is approved by the North Carolina Department of Health and Human Services (DHHS). This provider will recommend that you complete a certain number of classes. These recommended classes range from 16 hours to 40 hours. The treatment program is made to help people understand the dangers of drunk driving and provide them with the tools they need to avoid DWI in the future.
After your suspension period, you can go to the DMV and have your license restored by paying a restoration fee. For the DMV to restore your license, three things must have occurred.
- All the recommended treatment hours must have been completed within six months of the first assessment.
- The provider needs to have sent the proper form to the DMV and had the suspension lifted.
- You cannot have been convicted of a driving offense during the suspension period.
License Restoration Steps: In Summary
- You must obtain a substance abuse assessment from a DHHS-approved assessor.
- The assessor must have a copy of your complete driving history from the NC DMV.
- You must complete the recommended treatment from a DHHS-approved provider.
- You must give your provider the case number, BAC amount, and conviction date.
- Your treatment provider must send the DMV a Form-508 showing proof of completion after you are convicted of DWI.
Contact Us
If you’ve been charged with DWI, it’s important to get legal advice from an experienced lawyer. That’s where Dummit Fradin comes in. We have been defending against DWIs for over 30 years. We have defense strategies that work to get you the best outcome possible. In many cases, our lawyers can have you driving again in just 10 days. They will stand by your side and speak on your behalf to make sure your rights are protected, that evidence against you is valid, and that you are treated fairly every step of the way. Contact us to discuss your options.