Criminal DefenseDWITraffic LawWhen do I get my license back?

March 13, 2020by rjshooklaw0

Reinstatement of your driver’s license

Your North Carolina driver’s license is considered a privilege, not a right. It is therefore in the discretion of the North Carolina Division of Motor Vehicles (NCDMV) if and when to return your license. It is up to you, and your lawyer, to present a credible and compelling case to the hearing officer for the DMV to consider the return of this valuable privilege. The North Carolina Division of Motor Vehicles will not return your license just because you claim to need it for work or family reasons. You must demonstrate that you are safe and fit to drive.

Multiple DWI/DUI convictions

  • A second DWI/DUI conviction within three years, means that your driver license will be suspended/revoked for four years, but you are eligible for a hearing after two years.
  • After a third DWI/DUI conviction, your driver’s license is permanently suspended/revoked, but you are re-eligible for a hearing after three years.
  • If you are convicted of habitual DWI, we can petition for the reinstatement of your driving privileges 10 years after the most recent conviction.

Multiple Driving While License Revoked (DWLR) or moving violations while license revoked

  • If you have one conviction (DWLR or moving violation), your driver’s license will be suspended/revoked for one year, but you will be eligible for a hearing after 90 days.
  • If you have two convictions (DWLR or moving violation), your driver’s license will be suspended/revoked for two years, but you will be eligible for a hearing after one year.
  • If you have three convictions (DWLR or moving violation), your driver’s license will be permanently suspended/revoked, but you will be eligible for a hearing after three years.

Points violations, traffic violations, speeding and reckless driving

  • If your driver’s license is suspended/revoked for having excessive points on your driving record, you may be eligible for a hearing with the North Carolina Division of Motor Vehicles after a certain period of time. Contact our lawyer for a review of your record to determine the date of your eligibility for a hearing.
  • If your driver’s license is suspended/revoked for a second speeding over 55 mph within 12 months or reckless driving within 12 months of a speeding over 55 mph conviction, you are eligible for either a hearing with the North Carolina Division of Motor Vehicles or a limited driving privilege to be signed by a judge.
  • If your driver’s license is suspended/revoked for speeding over 75 mph, you are eligible for either a hearing with the North Carolina Division of Motor Vehicles or a limited driving privilege to be signed by a judge.
  • If you are convicted of prearranged racing, your driver’s license will be suspended/revoked for three years, but you will be eligible for a hearing after 18 months of suspension.
  • If you are convicted of willful racing, your driver’s license will be suspended/revoked for 12 months, but you will be eligible for a hearing at the North Carolina Division of Motor Vehicles.

Out-of-state traffic convictions

The North Carolina Division of Motor Vehicles treats any convictions that occur outside of the state the same as if they occurred in the state, which may result in the suspension or revocation of your North Carolina driver’s license. For example, if you are driving on a trip and receive a speeding ticket, the officer might tell you to save yourself another trip and to just mail in a check. As always, never take your legal advice from a police officer, no matter how well intentioned they may appear. It may cause your North Carolina driver’s license to be suspended/revoked when reported back to Raleigh.

Call 704-671-2390 or contact our firm via our online contact form to discuss your specific case and needs.

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The Law Offices of
Ronald J. Shook

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704-671-2390

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