North Carolina DMV Restoration Hearings
Being able to operate a vehicle in the Wilmington area may be vital to some who need to travel for work or take care of loved ones who require medical care or supervision. If you’re eligible for a North Carolina DMV hearing, contact the McGee Law Firm. DMV hearings require preparation including gathering witnesses, scheduling a hearing and obtaining necessary documents.
The most important thing to remember is not to drive until the problem can be rectified. Continuing to drive while your license is revoked puts you in danger of further revocation and jail time. It can also jeopardize your hearing eligibility. Driving While License Revoked is a Class 1 misdemeanor and can put you in jail for up 120 days.
Reasons for a Revoked License
Driving While Impaired/DWI conviction
Driving After Consuming while Under 21 conviction
Failing to appear for scheduled court dates
Violating a blood alcohol restriction on your drivers license
DWI Restoration Hearings
After a first conviction of DWI, the driver’s license is automatically revoked for one year.
After a second conviction the license is typically revoked for four years. The driver has a two year period with no driving privilege after which they are eligible for a DMV hearing to obtain a limited privilege or restricted license, although it this not automatic.
After three convictions, the driver’s license can be permanently revoked. The driver is not eligible for a hearing for five years.
Refusal Revocation Hearings
When charged with a DWI, every driver will be asked to submit to a test designed to determine the blood alcohol concentration. Even if you attempt to blow and the machine cannot obtain an accurate sample, you can be cited with a willful refusal. This will result in the loss of your privilege to drive for one year.
A DMV Refusal Revocation Hearing can help by presenting evidence that you did not willfully refuse to submit to the test or that the test was done either incorrectly or without probable cause.
In instances of a DWI conviction involving a Blood Alcohol Concentration of .15 or higher or with a conditional restoration following multiple convictions, an interlock device must be placed on your car’s ignition. This device monitors blood alcohol levels and reports these to the DMV. All data obtained in this interlock device including your BAC when you attempt to drive is digitally reported to the DMV. Therefore if a driver blows into interlock and has positive BAC reading while on a limited or conditional privilege their license can be revoked.
If you receive a notice concerning a revocation for a .00 or .04 restriction it is vital to act immediately. You often only have ten days to respond in writing to be eligible for a hearing. Interlock hearings charges are extremely complex and technical.