Can I Lose My License After a DUI/DWI in NC?

A North Carolina DWI charge can result in the loss of your driver’s license. The consequences depend on your blood alcohol concentration (BAC) at the time of the arrest, whether you refused a breathalyzer test, and whether you have prior DUI/DWI convictions. A drunk driving conviction will result in a minimum one-year revocation.

Losing your driving privileges can significantly impact your daily life, making getting to work, school, or other essential commitments difficult. This article explores how a DWI charge can affect your driver’s license in North Carolina and what steps you can take to protect your rights and minimize the consequences of a charge.

If you need legal help dealing with a North Carolina DWI charge, contact The Law Offices of John Drew Warlick, P.A., now for a free consultation.

Why Might I Lose My License After a DWI?

There are several reasons why you might lose your driver’s license after a DUI/DWI in North Carolina:

• Arrest for exceeding legal BAC – If you are charged with driving with a BAC (Blood Alcohol Content) of 0.08% or higher (0.04% for commercial drivers), your license will be automatically suspended for 30 days, even before you are convicted of the offense.
• Arrest for refusing breathalyzer – Under North Carolina’s implied consent law, if you refuse to submit to a breathalyzer test when requested by a law enforcement officer, your license will be automatically revoked for one year, regardless of whether you are ultimately convicted of a DUI/DWI.
• Conviction for DWI – If you are convicted of DWI, your license will be revoked for at least one year. The revocation period can be longer for repeat offenders or those with aggravating factors, such as driving with a high BAC or causing an accident resulting in serious injury or death.

It’s important to note that these consequences are separate from any criminal penalties you may face, such as fines, jail time, or probation. A DWI conviction can also result in increased insurance rates, employment consequences, social stigma, and more.

Can I Lose My License for a First-Time DWI?

Yes, you can lose your license even if it is your first offense. A first-time DWI conviction in North Carolina typically results in a one-year license revocation. However, you may be eligible for limited driving privileges, which allow you to drive to and from work, school, or other essential activities during the revocation period.

To obtain a limited driving privilege, you must petition the court and demonstrate that you have no other reasonable means of transportation. You may also be required to install an ignition interlock device on your vehicle, which prevents the car from starting if it detects alcohol on your breath.

How Long Can My License Be Suspended After a DWI?

The length of your license suspension or revocation after a DWI in North Carolina depends on several factors, including:

• Whether it is your first DWI arrest or a subsequent offense
• Your BAC at the time of the arrest
• Whether you refused a breathalyzer test
• Whether there were any aggravating factors, such as causing an accident or driving with a child in the vehicle

For a first-time DUI/DWI conviction, your license will be revoked for one year. Subsequent convictions result in longer revocation periods:

• Second conviction within three years – Four-year revocation
• Third conviction within five years – Permanent revocation

In addition to these revocation periods, you may also face a 45-day pretrial revocation if you refuse a chemical test or have a BAC of 0.08% or higher. The revocation occurs before your case is resolved in court and is separate from any post-conviction revocation.

How Can I Get My License Restored After a DWI?

To have your driver’s license reinstated after a DWI license revocation in North Carolina, you must:

• Wait until the revocation period has ended
• Pay any required fines and fees
• Complete a substance abuse assessment and any recommended treatment
• Provide proof of liability insurance (SR-22)
• Pass a written and vision test
• Pay a license restoration fee

In some cases, you may be required to install an ignition interlock device on your vehicle as a condition of license restoration. That requirement typically applies to repeat offenders or those convicted of driving with a high BAC.

It’s important to follow all the necessary steps and meet all the requirements for license restoration to avoid further legal troubles and ensure you can legally drive again.

What If I Need My License to Get to My Job?

If you rely on your driver’s license to get to work or perform your job duties, losing your license after a DWI can be particularly challenging. In some cases, you may be eligible for limited driving privileges, which allow you to drive for essential purposes, such as work, school, or medical appointments.

To obtain limited driving privileges, you must:

• Petition the court for a hearing
• Demonstrate that you have no other reasonable means of transportation
• Provide proof of enrollment in a substance abuse assessment or treatment program
• Install an ignition interlock device on your vehicle if required

It’s important to note that limited driving privileges are not guaranteed and are granted at the court’s discretion. If you are granted limited driving privileges, you must carry the court order with you whenever you drive and adhere to any restrictions or conditions imposed by the court.

Is It Possible to Get a DWI Dismissed?

In some cases, it may be possible to have a DWI charge dismissed or reduced to a lesser offense. That typically requires identifying legal defenses or challenging the evidence against you. Some potential defenses include:

• Lack of probable cause for the traffic stop
• Improper administration of field sobriety tests
• Inaccurate or unreliable breathalyzer results
• Violation of your constitutional rights during the arrest or investigation

Our experienced DWI defense attorneys can review your case, identify potential defenses, and work to minimize the consequences of a DWI charge, including the impact on your driver’s license. We can also negotiate with prosecutors to seek a plea bargain or reduced charges, which may help you avoid a conviction and the associated license revocation.

However, it’s important to remember that the outcome of your case will depend on the specific facts and circumstances surrounding your arrest. Not all cases can be dismissed or reduced, and you must have realistic expectations and work closely with your attorney to develop the best defense strategy for your situation.

Contact a North Carolina DWI Defense Lawyer

If you’re facing a DWI charge in North Carolina and are concerned about losing your driver’s license, it’s essential to seek the guidance of a knowledgeable DUI/DWI defense lawyer. The attorneys at The Law Offices of John Drew Warlick, P.A., have extensive experience handling DWI cases and fighting to protect our clients’ rights and driving privileges.

Don’t let a drunk driving charge jeopardize your freedom and your future. Contact The Law Offices of John Drew Warlick, P.A., today for a free consultation with one of our experienced North Carolina DWI defense lawyers.

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