Civil revocation of your driver’s license is a consequence of being charged with DWI in NC. In North Carolina, DWIs have a lot of consequence that have to be dealt with, and several license suspension issues associated with it. Though you are innocent until proven guilty and it is up to the government to prove you guilty beyond a reasonable doubt, just like they would have to do in any other criminal trial, there is a consequence that you face as soon as you are charged with a DWI.
If you are charged with DWI in North Carolina or DUI in South Carolina, you license gets suspended for a period of 30 days. The same is true in most states. In this blog, we will discuss that, and specifically how it relates to North Carolina DWI. Like all of our blogs, this blog is intended for informational purposes only and not intended as a substitute for the advice and counsel of a DWI attorney.
North Carolina General Statute 20-16.5, deals with Immediate civil license revocation for certain persons charged with implied consent offenses. In this statute, it explains that someone who is charged with a DWI immediately looses their license for 30 days.
This statute also has provisions for a breathalyzer refusal, which suspends the driver’s license for one year, regardless of the outcome of the subsequent DWI trial. This means that someone can end up with their license suspended for a total of 2 years and 30 days, if everything applied in their case. This is why you should try to avoid common mistakes during DWI stops that can make things a lot worse for you than they have to be.
How is this lawful if nothing has been proven against me?
The Constitution protects us from having our fundamental rights violated by the government through Due Process, and several other protections. In this case however, it is important to remember that driving is not a fundamental right. It is, in fact, a privilege, and therefore, this civil revocation is legal. While due process does afford you certain protections with regard to license suspension, this civil revocation is still lawful.
Is there any way to fight this?
This is actually something that your DWI attorney can help you appeal if you hire him or her early enough, they can make it part of the overall DWI defense. The civil revocation is something that, in many instances, can be appealed, but it must be done within 10 days of the arrest of the DWI and it follows a strict process that you can talk to a DWI attorney about.
Otherwise, most people simply wait until the 30-day period has ended, and they simply pay a $100 fine to retrieve their license once that period has ended.
DWIs are complicated and have many issues to consider. If you have been charged with DWI in North Carolina or DUI in South Carolina, contact us to speak with a DWI lawyer.