What Is the 30-Day Civil Revocation of My License After a DWI?
When you get charged with a DWI in North Carolina, there are a number of things that can happen. For example, immediately after being charged with driving while impaired in North Carolina, your driving privileges will be revoked for thirty (30) days, which is called a 30-day Civil Revocation. The 30-day Civil Revocation is completely separate from the criminal case and happens before your guilt or innocence is determined in court. In some cases, an experience DWI lawyer may be able to fight the 30-day Civil Revocation and in others may be able to assist you in getting a limited driving privilege during a portion of the revocation period.
If you’ve been charged with a DWI in North Carolina, you should take legal action as soon as possible. The fallout of a DWI conviction can be long-lasting and damaging to more than just the defendant; loved ones also feel the pain of a DWI conviction. Fortunately, there’s a legal team ready to take on your case: Randall & Stump, Criminal Defense Attorneys. With more than (980) 237-4579 today.
How License Revocation Works in North Carolina
Upon arrest for DWI in North Carolina, you will be subject to a 30-day revocation of your license following a DWI if you blew a 0.8 or higher on a breath test or if you outright refused to submit to a breath or blood test. While it is possible to get your license back, it is a little complex–and you’ll need to act quickly.
In some cases you may be able to petition the court for a hearing, challenging the civil revocation, and asking the court to reverse the revocation, however, there is a brief time period within which the hearing request must be submitted under the law. Fortunately, if the court grants your petition to have the revocation reversed, then your full driving privileges will be restored immediately. In cases where there are insufficient grounds to challenge the civil revocation, you may be eligible to apply for a limited driving privilege. After ten days of your civil revocation, you are eligible to apply for a limited driving privilege. The limited driving privilege allows you to drive for limited purposes, such as maintaining your household, going to work, attending substance abuse treatment and going to school. Additionally, the limited driving privilege is limited to specific days and times..
How a License Revocation Works
A law enforcement officer must have probable cause to charge you with driving while impaired in North Carolina. As a result of being charged with a DWI in North Carolina, the 30-day Civil Revocation is automatically triggered. Other grounds for license revocation is the willful refusal to take a breath or blood test.
A chemical analyst will assess your tests, and determine whether you blew hard enough to generate valid results. If you refused the test, however, then the chemical analyst will have to submit an affidavit to the Department of Motor Vehicles (DMV) affirming that you voluntarily refused to take the tests which triggers a twelve (12) month revocation of your driving privileges, regardless of the outcome of your case.
The affidavit must also contain information showing that the law enforcement officer notified you of your Implied Consent requirements and that there was also probable cause to have these requirements subjected to you. Without this affidavit and the refusal revocation being submitted to the DMV by the arresting officer, the DMV lacks the statutory authority to revoke your license in light of the test refusal.
Fighting a 30-Day License Revocation
You only have a short time frame in which you can request a hearing to fight a 30-day Civil Revocation.
If your 30-day Civil Revocation is not contested by timely requesting a hearing, then the revocation will remain in place for the entire 30 day period. If you contest the civil revocation, then the judge will have to determine that each reason for the revocation was eclipsed by “the greater weight of the evidence” to uphold the order. Keep in mind, too, that the judge’s final decision on whether the order is sustained or reversed is final.
How Randall & Stump, Criminal Defense Attorneys Can Help You
Considering you such a short time period to file your hearing petition to challenge your 30-day Civil Revocation, you’ll need to act fast. Instead of trying to navigate this complex legal process on your own, you need a team of experienced criminal defense attorneys help you every step of the way: Randall & Stump, Criminal Defense Attorneys. We possess the pertinent criminal law knowledge and know how to fiercely advocate for your rights in court. Call (980) 237-4579 today to learn more about how we can best assist you.