The lower test level
Under G.S. 20-16.5, a DWI charge brings a civil license revocation when the chemical test showed 0.08 or more, or 0.04 or more for a commercial vehicle. A willful refusal brings the same revocation. The revocation usually lasts 30 days if you have no other pending case.
A written request for a hearing on that revocation is due at your first appearance or within 10 days of the date it took effect. For a commercial driver, those days matter.
The State still has to prove the DWI charge itself in court. The civil revocation is a separate step that happens early, before any trial. Both matter for a commercial driver, and we work on both at once.
Your CDL and your personal car
Commercial drivers are held to a higher standard. Under G.S. 20-17.4, a first DWI conviction disqualifies a commercial license holder from driving a commercial vehicle for one year, even if you were driving your own car at the time. Refusing a chemical test after an implied-consent charge also brings a one-year disqualification. A second disqualifying offense from a separate incident can mean disqualification for life.
That means a case that might look small for another driver can affect your living. We look at your license, your job, and what your employer requires when we advise you.
Limited privileges and commercial driving
A pretrial limited privilege may be available after at least 10 days of a 30-day revocation if you qualify. You need a valid license, no other unresolved impaired-driving charge, and a substance abuse assessment with registration for any recommended treatment.
Be careful, though. The court’s limited privilege forms state that the privilege does not include driving a commercial motor vehicle. Read the privilege closely, and talk with us before you assume you can return to your route.
How we defend a CDL DWI
We investigate rather than process. We don’t accept the police report as fact. In a CDL case, we look at:
- Why the officer stopped you.
- How the field sobriety tests were given.
- Whether the breath or blood test followed the rules.
- What the body camera and dash camera video show.
- Whether you were properly told your rights before the test.
We also tell you the hard truth about what each choice means for your CDL. Some outcomes that are acceptable for other drivers may not work for a commercial driver.
We also look at any records kept by your employer or the vehicle itself, when they are relevant and available. Logs, GPS data, and dispatch records sometimes help show the timing of events.
Why the first days matter for commercial drivers
For most drivers, the early license revocation is hard. For a commercial driver, it can mean missed routes, lost income, and questions from an employer. The written request for a hearing on the civil revocation is due at your first appearance or within 10 days of the date it took effect. If you refused, the separate 12-month DMV revocation takes effect on the 30th calendar day after DMV mails the order, unless you ask DMV in writing for a hearing before then.
Video also matters. Under G.S. 132-1.4A, body camera and dash camera recordings are not public records. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it. Recordings are kept only for the retention period, so early action helps.
Questions we will ask you
- Were you driving a commercial vehicle or your own car?
- What class of license and what endorsements do you hold?
- What does your employer’s policy say about charges and convictions?
- Have you had any prior traffic or impaired-driving cases?
- Did you take a breath or blood test, or were you marked as refusing?
Your answers shape our advice. A plea that might be reasonable for another driver may cost a commercial driver a career, so we weigh each option with your license in mind.
Every case starts with listening. When you call, we ask what happened, where, and when your court date is. Then we explain the next steps in plain words and tell you what we need from you. We return calls promptly and keep you informed as the case moves.
Steps to take now
- Keep every paper from the arrest and from DMV.
- Read your employer’s policy on reporting a charge, and follow it.
- Do not drive a commercial vehicle if your license is revoked.
- Call us before the 10-day deadline for a revocation hearing request.
Call (336) 281-2008 or request a consultation. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is the legal limit for a CDL driver in NC?
In a commercial vehicle, the civil revocation after a DWI charge applies at a test result of 0.04 or more, under G.S. 20-16.5. In a personal vehicle, the general level is 0.08.
Can a DWI in my personal car affect my CDL?
Yes. Under G.S. 20-17.4, a first DWI conviction or a refusal disqualifies a commercial license holder from commercial driving for one year, even if you were in your own car. Ask us how it applies to your license.
Can I drive a truck with a limited driving privilege?
No. North Carolina's limited driving privilege forms state that the privilege does not include driving a commercial motor vehicle. Read the terms of any privilege, and talk with us before you drive.
Do I have to tell my employer about a DWI charge?
Federal rules require a commercial driver convicted of a traffic law violation in any type of vehicle, other than parking, to tell the current employer in writing within 30 days. Your employer's policy may also require you to report a charge. Check the policy, and ask us if you are unsure.