My NC License Was Revoked: Can I Get It Reinstated?
On behalf of Randall & Stump, PLLC in Traffic on Monday, April 12, 2021
If your North Carolina driver’s license is revoked, you may be able to get it reinstated. How long the revocation will last and what you must do to have your driving privileges restored depends on why your license was revoked.
Your license can be reinstated if you meet eligibility requirements and terms outlined in a hearing by the North Carolina Division of Motor Vehicles. You may find it helpful to hire a lawyer with a deep understanding of this process to represent you.
License Revoked? No Driving on Public Roads
If your license is revoked, your right to legally drive on public roads is terminated. If you are caught driving while your license is revoked, you may be waiting even longer before your privileges are reinstated.
You can apply to get your license back at an NCDMV driver’s license office. Some revocations require that you show proof of insurance when you’re reinstated.
A suspension is a temporary loss of driving privileges. When you have fulfilled the suspension requirements and waiting period, you regain your driving privileges.
There are several common reasons why your license is revoked, including:
Driving While Intoxicated – 1 Year Minimum
Your driver’s license will be revoked for at least one year if you’re convicted of driving while impaired. The NCDMV must obtain a certificate of completion from a DWI substance use assessment approved by the NC Department of Health and Human Services to get it restored.
If you’re pulled over and refuse a chemical breath or blood test, your driver’s license is immediately revoked for 30 days. You must pay a fine to get it back. There will be a DMV hearing where the state may ask that your license be revoked for another year, whether you’re convicted for a DWI or not.
Failing To Appear in Court or Pay Fines, Penalties, or Costs
You may have your license revoked if you fail to appear in court or if you do not pay a fine, penalty, or court costs for a motor vehicle offense. You will lose your driving privileges until you:
- Resolve the charge where you failed to appear or prove you were a victim of mistaken identity
- Pay the fine, penalty, or court costs in full
- Show evidence that you are making good faith efforts to pay fines, penalties, or court costs
Generally, the state works with you on a payment plan so that you may have your license reinstated upon final payment.
Driving With a Revoked License is a Crime
If you’re found driving while your license is revoked, the consequences may be severe.
- The most serious penalties apply if you are driving with a revoked license and legally intoxicated or impaired. DWLR, first offense, no impairment or intoxication: Class Three misdemeanor, and you may have points added to your license, resulting in higher auto insurance costs. If you are convicted a second time for DWLR sober, you may face harsher penalties.
- DWLR, first offense, DWI, or DUI: Class One misdemeanor resulting in an additional loss of driving privileges for one year, possible points on your license, up to 120 days in jail, and possible alcohol monitoring or abstinence.
Get Representation for the DMV Hearing
You may be required to attend a DMV hearing as part of the process to get your revocation lifted. The hearing takes place at a DMV office. While it is not a formal trial, it is a legal proceeding, and the stakes could not be higher: the outcome of this hearing decides if you regain your driving privileges.
When you have an attorney with Randall & Stump with you at the DMV hearing, you can be assured that your rights are protected. We will vigorously defend your position, question witnesses, and do our best to persuade the hearing officer to allow you to have your license reinstated. A lawyer at a DMV hearing may increase your chances of success.
What To Expect at a DMV Hearing
North Carolina laws give DMV hearing officers a lot of discretion when deciding if you’re eligible for reinstatement. If your license revocation is ended, you may still need to comply with several conditions set by the hearing officer.
The hearing officer will explain the hearing process. These hearings are recorded, and a formal transcript may be created. Testifying witnesses must show proof of identification and take an oath that their statements are truthful.
The hearing officer has the right to:
- Ask you questions
- Question witnesses
- Ask if you are seeking alcohol or drug treatment
- Consider the sincerity of your remorse and rehabilitation efforts, if applicable
- Give you an answer on the same day as the hearing or later
License Revoked? Call for Help Today
You may be able to get your license reinstated if it was revoked because of a DWI, DUI, unpaid tickets, or other reasons. A criminal defense attorney at Randall & Stump, Criminal Defense Attorneys, may help you get back behind the wheel sooner than you thought possible.