Conditional License Restoration Following a DWI Conviction in North Carolina

If you have received a four year of permanent driver’s license revocation as a result of a DWI conviction in North Carolina, there is a possibility to have your driver’s license conditionally restored before the expiration of your revocation. This means that even though your revocation time period has not ended, you may be eligible to have your driver’s license reinstated.

Conditional Restoration for Four-Year License Revocation

Again, remember that your NC driver’s license will be revoked by the NC DMV for four years if you are currently convicted of DWI and have also been convicted of a prior DWI within three years of the current DWI offense date. However, the NC DMV may conditionally restore your driver’s license if all of the following requirements are met:

  • Your NC driver’s license has been revoked for two years; and
  • During the two-year revocation period:
    • You have not been convicted of a motor vehicle, alcohol, or drug offense;
    • You are not currently an excessive user of alcohol, drugs, or prescription medication; and
    • You are not illegally using any controlled substance.

If your driver’s license if conditionally restored by the NC DMV, you will be subject to the same alcohol concentration restrictions and ignition interlock requirements discussed above. Additionally, the NC DMV may also put in place any other reasonable conditions or restrictions they deem necessary for the remainder of your revocation period.

Conditional Restoration for Permanent  License Revocation

As a refresher, your NC driver’s license will be permanently revoked if you are convicted of DWI and have two or more prior DWI convictions within previous 5 years or sentenced at an Aggravated Level 1. 

In either case, the NC DMV may conditionally restore your driver’s license in two different scenarios. Under each scenario, you must meet all the listed requirements in order to have your driver’s license conditionally restored.

Two-Year License Restoration Requirements for Permanent Revocation

  • Your NC driver’s license has been revoked for two years.
  • During the two-year revocation period:
    • You have not been convicted of a motor vehicle, alcohol, or drug offense;
    • You are not currently an excessive user of alcohol, drugs, or prescription medication; and
    • You are not illegally using any controlled substance.
  • You have not consumed alcohol for the twelve months before the restoration, as proven by a continuous alcohol monitoring (CAM) device.

Three-Year License Restoration Requirements for Permanent Revocation

  • Your NC driver’s license has been revoked for three years.
  • During the three-year revocation period:
    • You have not been convicted of a motor vehicle, alcohol, or drug offense;
    • You are not currently an excessive user of alcohol, drugs, or prescription medication; and
    • You are not illegally using any controlled substance.

As is the case when your driver’s license is conditionally restored after being revoked for four years, the NC DMV may also put in place reasonable conditions and restrictions when your driver’s license is conditionally restored after being permanently revoked. These conditions and restrictions may last five years from the conditional restoration.

C. Todd Browning
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Charlotte Criminal Defense and DWI Lawyer