DWI Pretrial License Revocations and Limited Driving Privileges in North Carolina

In most cases, after being arrested for a DWI/DUI in North Carolina, you will automatically you’re your driver’s license for 30 days.  This 30 day pretrial civil revocation (CVR) is authorized under N.C.G.S. § 20-16.5 for any driver charged with a DWI who:

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• Has an alcohol concentration of 0.08 or more;

• Has an alcohol concentration of 0.04 or more and was operating a commercial motor vehicle;

• Is under 21 and has an alcohol concentration of 0.01 or more; or

• Refuses the breath test.

Although you will lose all driving privileges for at least 10 days following a DWI arrest, you will be eligible for a limited driving privilege on the 11th day of the 30 day CVR if you meet the following conditions:

  • At the time of the offense, held a valid license or a license that had been expired less than a year;
  • Have no other pending DWI charges;
  • Surrender your driver’s license for a minimum of 10 days; and         

In order for us to petition the court for a limited driving privilege, besides meeting the above eligibility requirements, we need you to provide us with the following:

  • Basic information to run your driving record with the DMV;
  • Proof of your substance abuse assessment and enrollment in recommended treatment (the provider can fax that to our office);
  • A DL-123 form from your insurance company;
  • Letter from your employer verifying nonstandard working hours;
    • Only necessary if you need to engage in work-related driving outside standard hours and/or days (6:00 AM to 8:00 PM, Monday – Friday)
    • Must be written on company/employer letterhead

Any pretrial limited driving privilege that is granted will expire at the end of the 30 day civil revocation period.  At that time, except in the case of a refusal, you will be able to have your regular driver’s license returned to you upon payment of the $100 civil revocation fee.  Your regular driving privileges will then be reinstated pending the outcome of your case.

If you are charged with Driving While Intoxicated (DWI) in Wake County North Carolina contact The Law Offices of Wiley Nickel, PLLC for a free consultation about your case.  Our office is located in Cary, NC and our phone number is 919-585-1486.  We handle DWI/DUI cases from Raleigh, Apex, Morrisville, Cary and the surrounding areas.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.