North Carolina DWI License Suspensions and Limited Licenses
There are several ways to lose your privilege to drive after a North Carolina DWI arrest.
What can cause a civil license suspension in North Carolina?
If a driver takes a chemical alcohol test and is found to have a BAC above 0.08 (or 0.04 for drivers of commercial vehicles), that driver's license to drive will be immediately revoked.
If a driver refuses to take a chemical test for alcohol when charged with an "implied consent offense", the driver's license to drive will be immediately revoked as well. Impaired Driving of a Commercial Vehicle and Driving by Person Less than 21 years old after Consuming Alcohol or Drugs are both implied consent offenses, but Impaired Driving is not.
Additionally, if the driver refuses the test, the license will remain suspended for 1 year beginning 10 days after the notice of revocation is mailed to the driver. If the driver wishes to have a hearing, they must submit a written request for one within 10 days of their arrest.
Can a North Carolina driver get a hearing to fight a DWI suspension?
If the driver requests a hearing, the driver keeps their license unless the hearing officer determines that the arresting police officer had a good reason to request the test and that the driver willfully refused to take it after being advised of the consequences of doing so.
Are limited driving permits available after a North Carolina DWI license suspension?
After 6 months of the 1 year suspension, the driver is eligible for a restoration of limited driving privileges if they meet all of the following requirements: (1) their license was valid at the time of the refusal or expired for less than 1 year, (2) the driver had not refused or failed a test within 7 years, (3) the driver did not cause death or serious injury, (4) the driver has not committed another offense of impaired driving, and (5) the driver was either not convicted in the DWI case or else convicted of Impaired Driving (of a non-commercial vehicle) and has complied with the terms of the probation that apply to them (if any).
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