October 12, 2017
In North Carolina, when an individual is charged with a DWI, their license is taken for 30 days. This is what is called a “30-day Civil Revocation.” During this period, the defendant cannot operate a motor vehicle or they will be charged with a Driving While License Revoked.
There are no exceptions to this rule during the first ten (10) days. On the tenth day, the defendant may petition the court for a Limited Driving Privilege that would apply for the remaining twenty (20) days. In order to qualify, defendant must meet certain criteria and take a number of steps to have his or her license returned.
First, the defendant must obtain a substance abuse assessment at a local provider. Then, the defendant must order a DL-123 form from his or her insurance carrier. Third, the defendant must obtain a driving record for the last seven (7) years to show that there have not been any prior DWI charges and that he or she has an active license.
Once these steps are taken, the defendant may petition the court for the driving privilege, but it is solely in the discretion of the judge to grant or deny the petition. If the petition is granted, an order will need to be signed by the judge an there will be a $100 fee paid to the clerk to reinstate the license.
If you or someone you know has been charged with a DWI and need assistance obtaining a limited driving privilege during the civil revocation period, contact one of our skilled and experienced attorneys at King Law Offices to assist you. Call us at (828) 286-3332 or visit our website at www.kinglawoffices.com.