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:
• 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.