Barely a day goes by when we do not hop in our cars and drive somewhere. We depend on the ability to drive to get to work, get our kids to school, run errands and attend appointments. So, if you are accused of driving while intoxicated you will likely be concerned about whether you will lose your driver’s license as a result.
DWI and license revocation
In North Carolina, if you are charged with DWI and your blood-alcohol concentration was 0.08% or above, your license will be revoked for 30 days. However, the BAC necessary for license revocation is only 0.04% for those driving commercial vehicles or those under the legal drink age of 21. If you are convicted of DWI and it is your first offense, your driver’s license will be revoked for 12 months. If it is your second DWI within three years, your driver’s license will be revoked for four years.
In some circumstances, you may be able to obtain a limited driving privilege. This is only possible if you did not harm anyone, there were no children in your vehicle when you got the DWI and you obtain a substance abuse assessment.
Informed consent and DWI revocation
When you are pulled over by police and asked to perform a breath test, you have the right to decline such testing. However, North Carolina has “implied consent” laws. These laws state that anyone driving on North Carolina roads implicitly agrees to submit to a breath test if asked. If you refuse, your driver’s license will be revoked for 30 days and following a hearing could be revoked for 12 months, even if you are ultimately not found guilty of DWI.
Know your rights if you are facing a DWI
If you are facing a DWI do not lose hope. You may be able to reinstate your driving privileges. By understanding your rights and with the right help you can make defense decisions that are in your best interests following a drunk driving arrest.