The magistrate issued me a Notice of Suspension and took my driver’s license after my breath test. Am I not presumed innocent until proven guilty?
Yes, if you are charged with driving while impaired you are presumed innocent until you are proven guilty; however, you may still receive a 30 Day Civil Revocation if you refuse to take the breath test or your blood alcohol level is above the state limits.
North Carolina implied consent laws make it possible for you to lose your driver’s license if you refuse to submit to a breath test or other chemical test. When you apply for a North Carolina driver’s license, you give the state your “implied consent” to a breath test if you are stopped for suspicion of driving while impaired. If you refuse a breath test, the DMV can suspend your license on a charge of failing to comply with the implied consent law.
On the other hand, if you take the breath test and the test reveals your blood alcohol level is .08% or higher, you will also receive a 30 Day Civil Revocation. In either case, a civil revocation does not mean that you will ultimately be found guilty of drunk driving. A civil revocation does mean that your privilege to drive in North Carolina is automatically suspended by the state for 30 days. However, you may be eligible for limited driving privileges from the court. Regardless of whether you apply for a limited driving privilege, after 30 days you must have paid the $100 civil revocation fee to remove the civil revocation from your license.
Applying for Limited Driving Privileges When You Receive a DWI Notice of Suspension
After receiving a 30 Day Civil Revocation, you can apply for limited driving privileges in order to drive to work or school. In order to be eligible for limited driving privileges you must:
- Have had a valid driver’s license at the time of the DWI arrest;
- Have not received another DWI charge since you received the civil revocation;
- Have no previous DWI convictions within the past 7 years;
- Prove you completed a substance abuse assessment;
- Wait ten days since the start of the 30 day civil revocation for a 30-day suspension;
- Provide proof of automobile insurance coverage;
- File the appropriate Petition for Limited Driving privileges and pay the required fees.
Even though you may meet the eligibility requirements above, the court may issue limited driving privileges at their discretion. It can be very helpful to hire an experienced DWI attorney to guide you through the process and maximize your chance of receiving limited driving privileges.
Contact an Experienced Jacksonville DWI Attorney
“Attorneys Who Aggressively Protect Your Rights”
The NC DWI lawyers of Welch and Avery focus on getting you the results you want while offering affordable legal service. If you have been charged with driving while impaired in North Carolina and your driver’s license has been suspended, you need an experienced DWI attorney who knows the law and who has the experience to get results.
We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 347-0161 or contact us online today for a free case evaluation.
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