Your license is revoked right away
Under G.S. 20-16.5, a civil license revocation applies after a DWI charge if the chemical test showed 0.08 or more. The level is 0.04 for a commercial vehicle and any alcohol if you are under 21. The revocation 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 you surrendered your license late or were not present when it was ordered.
- You pay a $100 cost to the clerk before the license is returned.
Deadline: a written request for a hearing on this revocation is due at your first appearance or within 10 days of the date the revocation took effect. Find the effective date on your papers and count from there.
Driving during the revocation: the limited privilege
You may be able to drive for work, school, and other set purposes with a pretrial limited driving privilege. Under G.S. 20-16.5, it 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 must sign the privilege. It limits when and why you may drive. Do not drive until you have it in hand, and then drive only within its terms.
If you refused the test: the DMV clock
A willful refusal brings a second, separate revocation. Under G.S. 20-16.2, DMV revokes your license for 12 months. The revocation takes effect on the 30th calendar day after DMV mails the order, unless you ask DMV in writing for a hearing before then.
The clock runs from the date DMV mails the order, not the day you read it. Make sure DMV has your current address. If you refused, call a lawyer in these first days so the hearing request is not missed.
A limited privilege may be possible after 6 months of a refusal revocation, only after the DWI charge is resolved and other conditions are met.
Your first court date
Your citation or release papers list your first court date and the courthouse. In Guilford County, that is in Greensboro or High Point. The first date is usually not your trial. It starts a process that often takes several dates.
- Write the date down in more than one place.
- Do not miss it. A missed date can lead to an order for your arrest and more license trouble.
- Ask your lawyer whether you must attend in person.
Get a substance abuse assessment
An assessment helps in more than one way. It is required for a pretrial limited privilege under G.S. 20-16.5. Under G.S. 20-179, a voluntary assessment and treatment after the charge are factors a judge may weigh in your favor at sentencing. And if there is a conviction, G.S. 20-17.6 requires a certificate of completion, meaning an assessment and then education school or treatment, before DMV restores your license.
Talk with your lawyer before you schedule it, so it is done by the right kind of provider and in the right order.
Preserve the video
Body camera and dash camera video is often the most important evidence in a DWI case. It can show the driving, the stop, the field sobriety tests, and what was said.
Under G.S. 132-1.4A, these 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. Getting a copy generally needs a superior court order. Recordings are kept only as long as the state retention schedule requires. Acting early makes it more likely the video still exists when your lawyer asks for it.
What to do now: a checklist
- Gather every paper from the arrest, the magistrate, and DMV. Take photos of them.
- Find the revocation effective date and count 10 days.
- If you refused, watch for DMV mail and note the mailing date.
- Write down everything you remember about the stop, tests, and station.
- Do not drive until your license or a limited privilege allows it.
- Do not post about the arrest online or discuss it with anyone but your lawyer.
- Ask your lawyer about a substance abuse assessment.
- Put your court date on your calendar.
- Talk with a lawyer about requesting the video.
We investigate rather than process, and we tell clients the hard truth. 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 should I do in the first 10 days after a DWI in NC?
Find the date your civil revocation took effect, because a written hearing request is due within 10 days of that date or at your first appearance. Gather your papers, ask about a substance abuse assessment, and talk with a lawyer about the video.
When can I drive again after a DWI arrest?
If you qualify, a pretrial limited privilege is available after at least 10 days of a 30-day revocation. Otherwise, the civil revocation usually ends after 30 days, and you pay a $100 cost to the clerk before the license is returned.
What is the deadline for a DMV refusal hearing?
You must ask DMV in writing before the 12-month revocation takes effect. It takes effect on the 30th calendar day after DMV mails the order.
Can I get the police video from my DWI arrest?
Under G.S. 132-1.4A, a person in the recording, or that person's North Carolina lawyer with consent, may ask in writing to view it. A copy generally needs a superior court order.
Should I get an assessment before I hire a lawyer?
An assessment is useful, but talk with a lawyer first if you can. That helps make sure it is done by the right kind of provider and in the right order for your case.