The first hours and days
After a DWI arrest, you are taken before a magistrate. The magistrate sets the conditions of your release. If your breath or blood test was 0.08 or more, or you willfully refused, the magistrate usually orders a civil license revocation under G.S. 20-16.5.
You leave with paperwork. Keep all of it. It shows your charge, your court date, and the date your license revocation started. Those dates drive the deadlines that follow.
Your license after a first DWI arrest
The civil revocation usually lasts 30 days if you have no other pending case. It lasts 45 days if you surrendered your license late or were not present when it was ordered. Before your license is returned, you pay a $100 cost to the clerk.
You may ask for a hearing on the civil revocation. The written request is due at your first appearance or within 10 days of the date the revocation took effect.
You may also qualify for a pretrial limited driving privilege after at least 10 days of a 30-day revocation. To qualify, you need a valid license at the time of the charge, no other unresolved impaired-driving charge, and a substance abuse assessment from a mental health facility, with registration for any treatment it recommends. Our page on your license after a DWI arrest explains this in more detail.
What the State has to prove
To convict you of DWI, the State must prove that you drove a vehicle on a highway, street, or public vehicular area in North Carolina while impaired. The law lets the State prove this in more than one way. One is that you were under the influence of an impairing substance, such as alcohol or a drug. Another is an alcohol concentration of 0.08 or more at any relevant time after the driving.
That means the case often turns on details. Why did the officer stop you? What did the video show? Were the field sobriety tests given the right way? Was the breath test done under the rules? We look at each of these. We don’t accept the police report as fact.
Your first court date
Your first court date is in district court. It is often not your trial, and many DWI cases take more than one court date. Ask us whether you must be there in person. Do not assume you can skip a date.
A missed court date can lead to an order for your arrest and more license trouble. If you cannot make a date, call us before the date, not after.
Possible outcomes
Every case is different. Some cases go to trial. Some end with a plea. In some, the evidence leads the prosecutor to reduce or dismiss the charge, but no one can promise that. If you are convicted, the judge sets punishment under G.S. 20-179 by weighing factors for and against you.
A voluntary assessment and treatment after the charge are factors a judge may weigh in your favor. After a conviction, DMV restores your license only after a certificate of completion under G.S. 20-17.6. That means an assessment, then the alcohol and drug education school or treatment it calls for.
Insurance, work, and your record
A first DWI can reach parts of your life outside the courtroom. A conviction usually raises car insurance costs, sometimes for years. Jobs that involve driving may be affected, and some employers ask about convictions. Professional licenses can carry their own reporting duties.
A DWI conviction also stays on your criminal record. North Carolina law limits when it can be cleared. That is one reason to take a first charge seriously from the start, even when it feels like a small thing.
We talk with you about these effects early. Knowing what is at stake helps you weigh each choice in the case, including whether to go to trial. We tell you the hard truth about the evidence, so those choices are real ones.
Steps you can take now
- Write down everything you remember about the stop, while it is fresh.
- Keep every paper you were given.
- Do not post about the arrest online.
- Ask us about getting a substance abuse assessment early.
- Call us before the 10-day deadline for a revocation hearing request passes.
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
Is a first DWI a felony in North Carolina?
A first DWI is not a felony. It is a criminal offense that is punished under the DWI sentencing law, G.S. 20-179. It can still bring jail time, fines, probation, and a license revocation.
How long will my license be revoked after a first DWI arrest?
The civil revocation after the arrest usually lasts 30 days if you have no other pending case, or 45 days if the license was surrendered late or you were not present. A conviction brings a separate, longer revocation. Ask us how both apply to you.
Can I drive to work after a first DWI arrest?
You may qualify for a pretrial limited driving privilege after at least 10 days of a 30-day revocation. You need a valid license, no other unresolved impaired-driving charge, and a substance abuse assessment with registration for any recommended treatment.
Should I get a substance abuse assessment before court?
Often, yes. It is required for a pretrial limited privilege, and a voluntary assessment and treatment are factors a judge may weigh in your favor at sentencing. Talk with us first so it is done the right way.
Can a first DWI be removed from my record?
North Carolina law limits when a DWI conviction can be cleared. The rules depend on the outcome of your case. Ask us how they apply to you.