When Can the DMV Revoke Your License for DUI?

In North Carolina, a DUI conviction can cause the DMV to revoke your driver’s license. This can happen in several ways, but it often happens when you are convicted of drunk driving or under the influence of drugs. Wondering how long you lose your license for DUI? In this blog post, we’ll look at how long the revocation lasts and how the process works in NC.

Administrative License Suspension for DWI/ DUI Conviction

There are many reasons the DMV can revoke your driver’s license in North Carolina, including administrative suspension without a judge weighing in. A judge may also suspend your license without a preliminary hearing if you commit specific offenses.

Some of the reasons you can face a mandatory license suspension include the following:

• Refusing breathalyzer testing (breath test)  You can’t lose your license for failing field sobriety tests unless you get a conviction for DUI/ DWI.
• Chemical test refusal (drug testing).
• Driving while impaired
• Driving motor vehicle with a suspended or revoked license
• Speeding or reckless driving
• Accumulation of SDIP points
• Moving violations while license is suspended
• Driving while impaired (temporary license revocation of at least one year)

Driver’s License Suspension vs. Revocation

In a license suspension, the DMV may temporarily withdraw your driving privilege for a specific period. You may apply for reinstatement once you fulfill the terms of the suspension.

If the DMV revokes your driving privileges, they terminate your license. Unlike a license suspension, with a revocation, you must attend a DMV hearing and meet the terms and conditions set forth at that time to get reinstatement of your license.

How Long Do You Lose Your License for DUI/DWI?

If you’re charged with DUI/ DWI for a blood alcohol content above the legal limit, administrative suspensions or revocations may be around the corner. The DMV revokes a driver’s license for at least a year if you’re convicted of driving while impaired (DWI/ DUI).

As you can see from the DMV chart below, when an arresting officer makes DUI arrests, even first-time offenders can lose big! You may go 4 years without a driver’s license with a second offense! 

Requesting a DMV Hearing

The NC DMV sends you notification when they suspend your license. When you receive notice, you can request an administrative hearing. A hearing is your chance to plead for reinstatement of your license.

When you request a hearing, you can keep your driver’s license and privilege to drive until the hearing. You can submit the DMV Driver License Hearing Request Form to request a hearing.

Often, a court may allow you to drive with a “hardship” license or ignition interlock device. The court may allow hardship licenses in some instances. A hardship license is a court order signed by a judge that allows someone with a suspended license to drive, even though they have a DWI. The DMV sets rules for who can apply for a hardship license and how long it lasts. Even if you’re eligible for a hardship license, a judge is under no obligation to grant you one.

Appealing Your License Suspension with the NC DMV

You can also appeal the decision of your first hearing to the North Carolina Superior Court if you don’t agree with it, but you have to do so within thirty days.

Reasons why you might consider an appeal include:

• You don’t believe the decision is supported by the available evidence
• The presiding officer made a mistake interpreting the law

If you are successful in appealing, you may regain your driving privileges.

How to Regain Driving Privileges: License Reinstatement

NCDMV must receive a certificate of completion for a DWI substance use assessment and treatment that has been approved by the N.C. Department of Health and Human Services for a driver who is subject to G.S. 20-17.6 before ending your license suspension period.

Once your revocation or suspension is over, you can apply for a license at an NCDMV driver license office. You may need to bring your proof of insurance at the time of reinstatement.

In North Carolina, DUI/ DWI offenses can result in several consequences for drivers, including license suspensions or revocations. For how long you can lose your license depends on how many offenses you have and how serious the violation is.

To get your license reinstated, you will usually need to attend a DMV hearing and meet certain conditions set forth by the court. You may also be eligible for a hardship license or ignition interlock device. After fulfilling the terms of your suspension, you can apply for reinstatement at an NCDMV driver’s license office.

We Can Help

If you’re facing DWI/ DUI charges in North Carolina or were arrested and worried about DWI/ DUI license suspension, contact us at Scharff Law to represent your criminal case. You need an experienced DWI/ DUI lawyer to fight the terms of your arrest and prevent the many consequences of DWI in NC.

Whether it’s your first offense or fourth conviction, we understand the DWI/DUI arrest process and stand ready to defend your rights!