1. My license was seized by the officer, or revoked. How can I get my driving privileges?
In most cases, your license is revoked for a thirty (30) day period following a DWI in Raleigh, Cary, Apex, or other parts of Wake County or North Carolina.. In many cases, you can have a restoration of “limited driving privileges” after just ten (10) days. You will need to undergo an “alcohol assessment,” provide proof of current insurance, provide your seven (7) year driving history. A lawyer can complete the petition filed on your behalf to ask the court for these privileges.
Normally the court will grant you driving privileges from 6 a.m. until 8 p.m. If you go to work earlier or later than those times, the court will usually extend those hours if you provide the court with a letter from your employer.
2. My license was revoked by the officer. When will my driving license be restored?
If you apply for “limited driving privileges,” your license will be restored as soon as ten (10) days after your DWI stop.
If you decide not to apply for “limited driving privileges,” in most cases you will get your license back thirty (30) days after the DWI stop. You will need to pay $100 fee to the DMV for this restoration.
3. How long will my case take to resolve?
It depends. If you’re stopped today, you’ll probably be given a court date about two months from now. You could resolve the case that day. That would require you to plead guilty.
Obviously I never advise clients to plead guilty on the first court appearance. Even though you’re probably very anxious to get this behind you, the faster you plea, the worse the consequences. The reason is that most District Attorneys offer their worst “deals” at the first court appearance. They figure you’re anxious to get it behind you, and anxious to do anything they ask.
In reality, a DWI case can take anywhere from six (6) to nine (9) months. The reason is that Wake County has an enormous number of cases, not just DWI cases, and the courts are slow to process them all. I’ve had clients who have waited two (2) years for a resolution to their case. Your case probably won’t last that long.
But the good news is that your chances for a favorable resolution improve as time goes on. Over time, District Attorneys get more anxious to “get rid” of old cases. In addition, if the police conducted a “blood test” on you at the time of your arrest, the results of that blood test are not available for at least six (6) months. A blood test is a much more accurate reading of your alcohol level on at the time of the arrest. Frequently, a blood test will show that the breathalyzer was wrong, and will improve your chances for a not-guilty verdict or a dismissal of the charges.
Finally, I advise all clients that they should expect a trial. It’s your right to have a trial. A trial is sometimes your best chance for a successful resolution of your case. A trial won’t be scheduled for six (6) to nine (9) months. So hold tight and relax.
The good news is that after the initial suspension of your license, you really have nothing to do until the resolution of the case. At most, you may need to make a few short court appearances until either a trial, dismissal, or plea arrangement is reached. You will probably want to complete any alcohol education classes that have been recommended. But otherwise, you can live your life.
4. What is an “alcohol assessment” and why should I get one?
An alcohol assessment is an hour-long evaluation provided by a private agency approved by the state of North Carolina. They’ll ask you questions about how frequently you drink, how much you drink, and other behavioral issues.
Ultimately the agency will make a recommendation to you about further treatment, if any, you should undergo. In nearly all cases, the agency will at least recommend a 20-hour class. In some cases, the agency will recommend more intensive treatment.
If you want to restore your limited driving privileges during the thirty (30) day initial suspension, you must provide an alcohol assessment to the court. Therefore, the sooner you get your alcohol assessment, the sooner you or your lawyer can petition for limited driving privileges.
In addition, an alcohol assessment is also valuable if you later plead guilty or are convicted of a DWI.
5. My alcohol assessment recommends that I take additional classes. Should I do that?
If you wish to restore your limited driving privileges, the petition you sign states that you will take such classes. So the answer is generally “yes.”