The hold
If a judicial official finds by clear and convincing evidence that your impairment makes you a danger if released, you can be held. Release can be denied for no more than 24 hours. You must be released sooner if you are no longer impaired or a sober, responsible adult takes responsibility for you (G.S. 15A-534.2(b), (c)).
Release conditions
The magistrate chooses among an unsecured bond, custody of a responsible person, a secured bond, or house arrest with electronic monitoring. The magistrate can also order you not to drink alcohol, checked by a continuous alcohol monitor (G.S. 15A-534(a)). Follow every condition exactly. A violation can mean a new arrest.
Your license
If you refused the breath test, or it showed 0.08 or more (0.04 in a commercial vehicle, any alcohol under 21), your license is revoked on the spot for at least 30 days (G.S. 20-16.5(b), (e)). Getting it back costs a $100 fee (G.S. 20-16.5(j)). After 10 days you may qualify for a limited driving privilege if you get a substance abuse assessment and meet the other requirements (G.S. 20-16.5(p)).
The 10-day deadline
To contest the revocation, you must ask in writing for a hearing at your first appearance or within 10 days. The hearing must be held within three working days before a magistrate, or five before a judge (G.S. 20-16.5(g)). Call us before that window closes.
Questions people ask us
Can I drive to work during the 30 days?
Possibly. After the first 10 days of a 30-day revocation you may qualify for a limited driving privilege if you meet the requirements in G.S. 20-16.5(p), including a substance abuse assessment.
Do I get my license back automatically?
No. After the revocation period ends, you pay a $100 fee and the license is returned, under G.S. 20-16.5(h) and (j).
What if I already had a pending DWI?
Then the revocation can last until final judgment on the current charge and every pending one, not just 30 days, under G.S. 20-16.5(e).