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Driving With Suspended License in North Carolina
DWLR - DMV Suspension/Revocation
Recent amendments to the NC traffic laws, especially regarding DWLR Driving While License Revoked in North Carolina and other DMV suspension issues, make it all the more important to seek legal counsel immediately if you are facing criminal allegations.
"The NC General Assembly made some things better and at least one thing worse when it comes to driving while license revoked. DWLR Imp Rev legal issues can be a real problem, in that with the formal differentiation in criminal charges there now seems to be a more hardline approach to impaired revocation suspensions (DWI-related suspensions) and how prosecutors and the courts view them."
- Bill Powers
MORE INFO: Good Legal Advice Makes Sense - Here's Why
There are technical differences between a "License SUSPENSION" in North Carolina and a "License REVOCATION."
The North Carolina Department of Transportation/Division of Motor Vehicles or "DMV" views your license as a "privilege." Contrary to what many might think, a license is not deemed by DMV as a matter or right. DMV says, "Driving is a privilege" that you may lose if you "abuse the privilege to drive."
"I frankly flat out personally disagree with that philosophy. As citizens of North Carolina, the roadways, and our general use-and-enjoyment of them, is something we all share as a matter of right. We cede some of those rights to the State, hoping the government will set up and maintain minimum safety requirements for motorists, motor vehicles, and the highways themselves. I personally believe driving is a right, only to be limited by DMV on behalf of the citizens if you fail to observe the rules-of-the-road for our collective good. I also don't believe we 'contract' with the State to drive, nor do we impliedly agree to anything. We either follow the rule of law or we don't."
- Bill Powers
MORE INFO: Why you shouldn't drive while your license is revoked in North Carolina
License Suspension in North Carolina:- Driving "privileges" are suspended or "withdrawn"
- Temporary
- Set for a specific time-frame or period
- Reinstatement of a NCDL North Carolina Driver's License does not require you to "apply for a new driver's license"
- At such time as the terms or conditions for reinstatement have been met
License Revocation in North Carolina
DWLR or Driving While License Revoked is technically different, although even experienced criminal defense lawyers often use the terms "license suspension" and "license revocation" interchangeably.
- Driving "privileges" are TERMINATED
- NCDL may be reinstated if you meet requirements for eligibility
- May require an Administrative Hearing
- DMV Hearing Officer
- If reinstated, you must RE-APPLY for driver license which may require one or more of the below:
- Proof of Insurance / DL-123
- Proof of Citizenship / Social Security Card
- Photo Identification / ID
- Birth Certificate
DOWNLOAD: NORTH CAROLINA DL-123 "PROOF OF INSURANCE" FORM
Types of License Suspension and License Revocation in North Carolina
Convictions of Driving While License Revoked (DWLR)
| Statute Number | Offense | Length of Suspension / Revocation |
|---|---|---|
| N.C.G.S. §20-19(c1) | DWI First Offense | 12 months |
| N.C.G.S. §20-19(d) | DWI Second Offense | 4 years |
| N.C.G.S. §20-19(e) | DWI Third Offense (+) | Permanent Revocation / Revoke |
| N.C.G.S. §20-16.2 | Willful Refusal | 12 months |
| N.C.G.S. §20-16.5 | 30 Day Civil Revocation | 30 Days - Limited Privilege |
| Statute Number | Offense | Length of Suspension / Revocation |
|---|---|---|
| N.C.G.S. §20-28 | 1st Offense DWLR / Suspended License | 12 months |
| N.C.G.S. §20-28 | 2nd Offense DWLR / Suspended License | 24 months |
| N.C.G.S. §20-28 | 3rd Offense DWLR (+) | Permanent |
CLICK HERE: Limited Driving Privileges in North Carolina
Traffic Tickets in North Carolina - License Suspensions| Statute Number | Offense | Length of Suspension / Revocation |
|---|---|---|
| N.C.G.S. §20-24.1 | Failure to Appear - FTA | Indefinite Suspension in NC |
| N.C.G.S. §20-24.1 | Failure to Pay Fine | Indefinite Suspension in NC |
| N.C.G.S. §16.1 | Speed MORE THAN 55 and MORE THAN 15 Miles Per Hour OVER the Posted Speed Limit | |
| 1st Offense +55 / 15 mph < | 1st Offense +55 / 15 mph < 30 days | |
| N.C.G.S. §16.1(c) | 2nd Offense in 12 months | 60 days |
| N.C.G.S. §20-19(d) | Reckless Conviction / Same Occasion | 60 days |
| N.C.G.S. §20-19(a) | 2x Speed MORE THAN 55 in 12 months | Up to 180 days Suspension |
| N.C.G.S. §20-16(c) | 12 DMV Points in 3 Years OR 8 DMV Points in 3 Years Following Reinstatement | |
| 1st Suspension | 60 days | |
| 2nd Suspension | 180 days | |
| 3rd Suspension (+) | 12 months | |
| N.C.G.S. §20-28.1 | Moving Violation While Suspended | |
| 1st Offense | 12 months | |
| 2nd Offense While Suspended | 24 months | |
| 3rd Offense (+) | Permanent Revocation | |
| N.C.G.S. §20-17.8(g) | Ignition Interlock Violation (IID) | 12 months |
As you can now likely tell, there are numerous reasons why a driver's license might be suspended in North Carolina.
"It is frankly complicated even for experienced Charlotte NC criminal defense lawyers. It is important to obtain a certified copy of your driving record and not rely on online data companies. It may be 'old school' but if it were my license, I'd want to make sure we got it right. That's the only way I know how to practice criminal defense law: To handle each case like it was my own."
- Bill Powers, Charlotte Traffic Ticket Lawyer
MORE INFO: 4 Things You Should Know About How Lawyers Help
Don't make a bad situation worse by trying to go it alone. Now is the time to call our law firm at 704-342-4357.
Contact Us for Help if You Have a Suspended Driver's LicenseIf you have had your license suspended or have been charged with driving on a suspended license, we encourage you to consult with our experienced North Carolina traffic attorneys.
"We handle DMV appeals, suspension, and reinstatement hearings. That knowledge-base helps when you're dealing with the NC traffic laws and the associated traffic tickets in court."
- Bill Powers
You may also reach us via email at: Bill@342help.com
We hope this webpage has helped you. You may also benefit by checking out the following additional information on NC traffic laws, DWI charges in North Carolina, and license restoration hearings:
- What Happens if I Pay Traffic Tickets in North Carolina?
- How Do You Get Your License if You're a New Driver?
- How Does the Ignition Interlock Device (IID) Work?
- Guidebook to Navigating the DUI DWI Legal System in NC
- FREE COPY: The North Carolina DWI Quick Reference Guide
- What Is an Ignition Interlock Device Violation?
