The civil revocation after a DWI charge
The civil revocation applies after a DWI charge when the chemical test showed 0.08 or more, or 0.04 or more for a commercial vehicle, or any alcohol if you are under 21. It also applies if you willfully refused the test.
- It usually lasts 30 days if you have no other pending case.
- It lasts 45 days if the license was surrendered late or you were not present when it was ordered.
- A $100 cost is paid to the clerk before the license is returned.
You may request a hearing on the revocation in writing. The request is due at your first appearance or within 10 days of the date the revocation took effect.
Look at your papers for the date the revocation took effect. That date starts the counting. If anything about your papers is unclear, bring them to us and we will review them with you.
Who qualifies for a pretrial limited privilege
Under G.S. 20-16.5, a pretrial limited driving privilege is available after at least 10 days of a 30-day revocation, or after 30 days of a 45-day revocation, if:
- You had a valid license at the time of the charge.
- You have no other unresolved impaired-driving charge.
- You have a substance abuse assessment from a mental health facility.
- You registered for any treatment the assessment recommends.
A judge decides whether to grant it. The privilege sets limits on when and why you may drive. Driving outside those limits is a serious problem, so read it closely and keep it with you.
If you do not qualify yet, that may change. For example, once you complete the assessment and register for treatment, you may be able to apply. We track the dates with you so you can apply as soon as the law allows.
What to gather before you apply
Start early. The assessment can take time to schedule. In general, plan to gather:
- Your citation and the revocation papers from the magistrate.
- Proof of your substance abuse assessment and treatment registration.
- Your work schedule, school schedule, or other reasons you need to drive.
- Any other papers the judge asks for. We tell you what those are before you apply.
We prepare the petition and the proposed privilege for the judge. We check that the hours and purposes match your actual life, so the privilege is useful.
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.
After a refusal
A refusal also brings a 12-month DMV revocation under G.S. 20-16.2. It takes effect on the 30th calendar day after DMV mails the order unless you ask DMV in writing for a hearing before then. A limited privilege may be possible after 6 months of that revocation, but only after the DWI charge is resolved and other conditions are met.
After a conviction
A DWI conviction brings its own, longer revocation. A limited privilege after conviction may be possible in some cases, depending on your record and the sentencing level. Under G.S. 20-17.6, DMV restores your license after a DWI conviction only after you file a certificate of completion. That means an assessment, then the alcohol and drug education school or treatment it calls for. Some people also need an ignition interlock device to get a license back.
We explain the steps to restore your license before the case ends, so you can plan for work, school, and family.
Mistakes that cost people their license
- Waiting too long. The 10-day hearing request deadline and the DMV refusal deadline pass quickly.
- Driving before the privilege is signed. A judge must sign it first. Driving without it is driving while revoked.
- Driving outside the terms. A privilege allows set hours and purposes. A trip outside those limits can bring a new charge.
- Skipping the assessment. Without it, you do not qualify for a pretrial privilege.
- Not updating your address. DMV mails its orders. A letter sent to an old address can still start the clock.
Each of these is avoidable. We help you plan the steps in order.
Get help with your license
License rules are full of short deadlines. Missing one can mean months without driving. Call (336) 281-2008 or request a consultation, and bring every paper you received. 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
How soon can I drive after a DWI arrest in NC?
If you qualify, a pretrial limited privilege is available after at least 10 days of a 30-day civil revocation. You need a valid license, no other unresolved impaired-driving charge, and a substance abuse assessment with registration for any recommended treatment.
How do I get my license back after the 30 days?
When the civil revocation ends, you pay a $100 cost to the clerk before the license is returned. Ask us whether anything else is pending that could keep your license revoked.
Can I get a limited privilege if I refused the breath test?
For the 12-month refusal revocation, a limited privilege may be possible after 6 months, only after the DWI charge is resolved and other conditions are met. The short civil revocation has its own pretrial privilege rules.
What can I do with a limited driving privilege?
It allows driving only for the purposes and hours it lists, such as work or school. Driving outside those limits can bring a new charge. Keep the privilege with you when you drive.
What is a certificate of completion?
After a DWI conviction, G.S. 20-17.6 requires it before DMV restores your license. It shows you completed an assessment and the education school or treatment it called for.