Criminal Defense Attorney Clarke Dummit explains the 3 types of revocations that could affect your license if you are charged with a DWI in North Carolina as well as interlock devices.
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What kind of revocations am I facing with a DWI?
There is a civil revocation that is imposed by the magistrate and lasts for 30 days. It is non-criminal and will happen if you blow over a 0.08 on a breathalyzer or if you refuse to take one. In the event of a civil revocation, you have 5 days to turn in your license and can then petition the court 10 days later for limited driving privileges. If you do not turn in your license, however, your revocation is extended to 45 days. Also, if you refuse a breath or blood test, there is an administrative revocation imposed by the DMV which lasts for a year. You only have 10 days to ask for a hearing if your license has been administratively suspended by the DMV due to your refusal to submit. You may ask for limited driving privileges after 6 months in this case provided you haven’t refused a test in the last 7 years, the DWI is settled, and any necessary alcohol classes are complete. And if you are convicted, the judge can revoke your license on a criminal basis. This could be anywhere from 1 year to permanent depending on your record. These revocations can overlap or not.
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How will my prior DWI record affect my driving privileges this time?
If this is your first DWI, you are only facing a 1-year revocation and can likely get limited driving privileges within that time. If you have a prior DWI conviction within the last 3 years, you are facing a four-year revocation but may be able to get a conditional restoration hearing at the DMV after 2. If you have 2 prior convictions within the last 7 years, you are looking at a permanent revocation of your license, which simply means you need to go to a conditional restoration hearing to have your license restored.
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What are the ways to get an interlock device requirement?
If you obtain conditional restoration of your license after habitual DWIs, you likely will have an interlock device on your vehicle for 2 to 7 years. There are different ways to have this restriction, if you blew a 0.15 or above on your breath test, you are under an alcohol content restriction or you have conditional restoration of your license. If you happen to get an Interlock violation, you only have 10 days to respond, and depending on why you have the restriction, the administrative details are different. So, it is critical to know why you have the restriction in the first place.
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When can I drive with limited driving privileges?
Limited driving privileges can vary a great deal. There are 2 types, standard and non-standard. Standard hours are 6 A.M. – 8 P.M. Monday – Friday and non-standard hours are after 8 P.M. and on weekends. To obtain non-standard hours, you need a letter from your job and we have to draft something for the judge stating why you need to drive outside of standard hours. However, standard hours can be used for travel to and from work or maintenance of the household.