DWI Civil Revocation
When a person is charged with DWI, their North Carolina driver’s license is almost always revoked due to a DWI Civil Revocation. Your license is subject to such a revocation if:
- A law enforcement officer has reasonable grounds to believe that you committed a DWI;
- You are charged with DWI;
- The law enforcement officer and/or the chemical analyst comply with the mandated procedures in requiring your submission to a breath and/or blood test; and
- You either
- Willfully refuse to submit to the breath and/or blood test;
- Had an alcohol concentration of 0.08 or more within a relevant time after the driving;
- Had an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle; or
- Have any alcohol concentration at any relevant time after the driving and you are under 21 years of age.
If your license is revoked due to a DWI Civil Revocation, there are three different ways our attorneys can potentially get you driving again.
- Hearing to Contest the DWI Civil Revocation
- Pre-Trial Limited Driving Privilege
- Wait for the DWI Civil Revocation to Expire
Hearing to Contest the DWI Civil Revocation
At Browning & Long, PLLC, this is the preferred method to getting you driving again.
Oftentimes, our attorneys can schedule a hearing in front of a judge or magistrate to challenge your DWI Civil Revocation. If our attorneys are successful at this hearing, your North Carolina driving privileges are restored in full; that is, there are no further restrictions on your driver’s license and you are permitted to drive as you did before being arrested for DWI. Additionally, there are no required fees or fines to pay to the State as required with the other options discussed below.
However, in order to take advantage of this approach, by statute, our attorneys must file the appropriate paperwork to request the hearing within 10 days from the date of your revocation. Don’t delay, contact us now!
Pre-Trial Limited Driving Privilege
If you missed the 10-day window to request a hearing to contest your DWI Civil Revocation, the attorneys at Browning & Long, PLLC can help you apply for a Pre-Trial Limited Driving Privilege. Once 10 days from the date of your DWI Civil Revocation have passed, a Pre-Trial Limited Driving Privilege allows you to drive throughout the remainder of your revocation - typcially to day 30 or 45 - from Monday through Friday, between the hours of 6:00 AM and 8:00 PM, for purposes such as household maintenance, employment, and education. In many cases, our attorneys can assist you in getting extended hours for certain purposes. However, unlike the hearing to contest a DWI Civil Revocation, there is a $100 filing fee, paid to the State, to secure a Pre-Trial Limited Driving Privilege.
Wait for the DWI Civil Revocation to Expire
When you receive a DWI Civil Revocation, the minimum period of revocation is either 30 or 45 days depending on when your driver’s license was surrendered. If your driver’s license is surrendered within 5 working days of the revocation, the revocation period is 30 days. If your driver’s license is not surrendered within 5 working days of the revocation, the revocation is generally 45 days.
If you were not able to take advantage of a DWI Civil Revocation Contest Hearing or a Limited Driving Privilege, your DWI Civil Revocation will expire after the 30 or 45-day revocation period mentioned above. Once expired, and only after you pay the requisite $100 DWI Civil Revocation fee, your driver’s license will be restored.