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North Carolina Court Records

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How to Get Your License Back After a DWI in North Carolina

In North Carolina, Driving While Impaired (DWI) involves operating a motor vehicle while under the influence of alcohol, controlled substances, or both, with a Blood Alcohol Concentration (BAC) of 0.08% or higher. A DWI violation is a serious criminal offense with significant consequences that can affect driving privileges, employment opportunities, and other responsibilities. The North Carolina Division of Motor Vehicles (NCDMV) and the courts may impose license suspension and other penalties for a DWI violation.

Step 1: Know the Terms of Your Suspension

The NCDMV and the courts impose separate suspensions for DWI violations in North Carolina. Per the North Carolina Implied Consent Law, failing or refusing a chemical test after a lawful arrest will result in an immediate 30-day Administrative License Suspension (ALS) by the North Carolina Department of Motor Vehicles. In addition to the administrative suspension, the court will impose an additional suspension or revoke a license if a DWI offense results in a conviction.

The duration of suspension and eligibility for license reinstatement after a DWI in North Carolina depend on the type of offense and the number of previous violations. The table below outlines the length of suspension for DWI violations in North Carolina, with the timeframe for regaining driving privileges.

DWI Offense Length of Suspension or Revocation Timeline for License Reinstatement
First DWI 1-year license revocation May qualify for Limited Driving Privilege (LDP) after 45 days for license revocation
Second DWI within 3 years 4 years revocation May be eligible for LDP after 2 years, subject to an administrative hearing with the DMV
Third DWI within 5 years Lifetime revocation Eligible for DMV hearing after 3 years
Habitual DWI (fourth or subsequent DWI within 10 years) Permanent revocation Not eligible for license reinstatement
Refusal to Submit to Chemical Test (implied consent) 30-day civil suspension by the NCDMV plus a 1-year administrative revocation by the court Can apply for a Limited Driving Permit after 6 months
Underage DWI (drivers under 21 years) 30-day pretrial suspension in addition to a 1-year post-conviction revocation for any BAC higher than 0.00% Not eligible for LDP, must serve the revocation to its full term.

Step 2: Fulfill Court and DMV Requirements

In North Carolina, the state's Department of Motor Vehicles will impose an immediate license suspension independent of any criminal charges if a driver fails or refuses a blood or urine test after a lawful stop for a DWI offense. NCDMV suspension results from the North Carolina Implied Consent Law. In addition to an ALS, the courts will impose or revoke a driver's license due to a criminal conviction for a DWI offense. The courts may also include additional penalties, such as fines, community service, mandatory DWI education programs, and jail time.

Although the NCDMV and court suspensions are distinct, they may run concurrently. The NCDMV action will count towards the court-ordered suspension.

Step 3: Complete a DWI Education or Treatment Program

In North Carolina, courts may order state-approved DWI programs as part of sentencing for DWI offenses. These encompass various levels of substance use assessments and treatment programs and include:

  • Level I – Alcohol & Drug Education Traffic School (ADETS)
  • Level II – Short-Term Outpatient Treatment
  • Level III – Long-Term Outpatient Treatment
  • Level IV – Intensive Outpatient Program (IOP)
  • Level V – Inpatient/Residential Treatment.
DWI Program Duration Costs
Level I – Alcohol & Drug Education Traffic School Minimum of 16 hours of 5 or more sessions $160.00 to $185.00
Level II – Short-Term Outpatient Treatment 20 to 39 hours for approximately 30 days $19.00 to $25.00 per hour or over $390.00 for the full course
Level III – Long-Term Outpatient Treatment 40 to 89 hours over 60 days $25.00 per hour
Level IV – Intensive Outpatient Program (IOP) 9 hours per week or over 90 hours for 90 or more days Average of $865.00
Level V – Inpatient/Residential Treatment More than 90 days of residential and outpatient continuing care Costs vary but may average about $498.00 per day (including aftercare).

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 is a certificate that insurance companies file with states on behalf of individuals as proof of financial responsibility. It shows that a named individual has the minimum liability coverage required by law. North Carolina does not require SR-22 certificates as confirmation of financial responsibility after DWI violations. Instead, the North Carolina Department of Motor Vehicles will request evidence of liability coverage from the offender's auto insurers using a DL-123 Form, not through an SR-22 filing.

Step 5: Pay Reinstatement Fees

The standard fee for reinstating a driver's license after a DWI suspension in North Carolina is $167.75. There is an additional $83.50 restoration charge (unless the DWI violation results from medical or health issues) and a $50.00 penalty for not submitting the license to the North Carolina DMV before the suspension or revocation effective date.

In North Carolina, payment for driver's license reinstatement is through the MoneyGram website by credit or debit card. The North Carolina Department of Motor Vehicles also accepts checks and money order payments through mail or in-person visits to its various Driver License Offices.

Step 6: Submit Your License Reinstatement Application

For online submission of a license reinstatement application after a DWI suspension in North Carolina:

  • Visit the payment portal
  • Enter "18857" into the biller or inmate facility field and click NC DMV Driver License Restoration (18857) when it appears (or press the Enter button on the keyboard)
  • Click "Pay Bill".
  • Enter the specific amount into the "Pay this Biller" box
  • Select the payment option and click "Next".
  • Create an account and fill out the "Biller Information" section.

For walk-in submission, visit any of the North Carolina Driver's License Offices. Applicants can also submit their applications by mail to the North Carolina Division of Motor Vehicles at:

N.C. Division of Motor Vehicles - Fiscal Unit
1514 Mail Service Center,
Raleigh,
NC 27699-1514.

Mail-in applications should include full name, date of birth, and driver's license or ID number (if available).

To confirm the costs for reinstatement of a specific license after a suspension, call the NCDMV at (919) 707-4250 or email dmvrevenue@ncdot.gov. Individuals seeking appointments with the North Carolina Division of Motor Vehicles should schedule them through the NCDMV Driver Service Appointment Scheduler.

What If You Are Denied License Reinstatement in North Carolina?

The North Carolina Division of Motor Vehicles may reject a license reinstatement application for any of the following reasons:

  • Overdue fines and fees
  • Missing or non-submission of the necessary documents
  • Active suspensions or multiple overlapping revocations
  • Open citations or violations in North Carolina or another state.

If the NCDMV denies an application for a license reinstatement after a DWI suspension, the applicant should:

  • Call (919) 715-7000 or log in to their MyDMV account and determine the reasons for the denial
  • Correct the issue that led to the denial
  • Request an Administrative Hearing (If Eligible) through the MyDMV Portal if the denial involves complex underlying issues.
  • Reapply for reinstatement after observing the mandatory waiting period (typically after 3 years).

Hardship Licenses: Driving with Limited Privileges

In North Carolina, DWI offenders may be eligible for Limited Driving Privileges (LDP) during their suspensions if they fulfill the applicable conditions. An LDP will permit drivers under suspension for DWI to drive legally for essential purposes such as doctor's visits, school, work, and other court-approved destinations. North Carolina Limited Driving Privilege applies to:

  • First-time DWI offenders
  • Individuals with valid licenses at the time of their arrest for DWIs
  • Persons whose DWI did not result in injuries or deaths
  • Drivers with a BAC below 0.15% at the time of arrest
  • DWI offenders who observed a 10-day waiting period for a 30-day civil revocation or 45 days for higher BACs.

Although North Carolina's LDPs permit driving, holders must adhere to the instructions outlined by the courts. For instance, they must install and maintain ignition interlock devices for violations with BACs higher than 0.15%. Additionally, their driving must be within the specific hours and to court-approved destinations.

How Long Does It Take to Get Your License Back After a DWI?

The timeline for license reinstatement after a DWI in North Carolina depends on the offender's DWI history, BAC level at the time of arrest, and compliance with applicable conditions. The table below shows the timeframe for eligibility for a Limited Driving Privilege and full license reinstatement after a DWI in North Carolina.

DWI Offense Eligibility for LDP Full License Reinstatement
First DWI After 10 days (for a BAC less than 0.15%) or 45 days (for a BAC higher than 0.15%) After 1 year
Second DWI Offense within 3 years Eligible for DWI hearing after 2 years There may be reinstatement if the hearing is successful and the offender complies with all program/treatment requirements and interlock device protocols
Third DWI within 5 years Eligible for reinstatement hearing after 3 years without alcohol or drug-related convictions May be eligible for reinstatement after rehabilitation and fulfilling all reinstatement conditions
Refusal to Submit to Chemical Test After 6 months After observing the full suspension.
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