If your driver’s license has been suspended, it’s inconvenient, but may not be permanent. North Carolina has an appeals process for a license suspension so that you can, eventually, get it back.
Why Was Your License Suspended?
There are a number of reasons why your license can be suspended. The ease or difficulty of appealing depends on why your license was suspended, and for how long. The state will notify you in writing of the suspension, and list the reason.
If your suspension is for an insurance lapse, failing to pay a ticket or appear in court, excess points on your driving record, or other administrative reason, you simply need to comply with the requirements and your license will be reinstated.
However, if you’ve lost your license for things like speeding or failing to stop and render aid in an accident, the suspensions are longer. Charges such as DWI, death by vehicle (misdemeanor) participation in illegal street racing and refusing a blood test can lead to suspensions of 1 to 4 years.
Additionally, your license can be suspended for:
- Two speeding convictions over 55 mph in a 12-month period
- One conviction of speeding (over 55) with one conviction of reckless driving in a year
- As part of a sentence or suspended sentence that revokes your driving privileges
- A conviction for speeding in excess of 75 mph
Subsequent DWIs or felony death by vehicle incurs a permanent license suspension.
A suspension can also be part of a separate action, such as a criminal conviction or failure to pay child support. In cases like these, you’ll need to comply with the requirements (such as pay back child support or serve a jail term) before you can go through the process of getting your license back.
A suspension becomes part of your permanent driving record.
Administrative Hearings
Once you’re notified that your license has been suspended, you may be able to request an administrative hearing to appeal. This will depend on the reason your license was suspended, and you’ll retain your driving privileges (and your license) until the hearing. The hearings are not guaranteed and will be granted based on the reason for the suspension.
To request a hearing, you can contact the central DMV office in Raleigh at 919-715-7500, or by writing to:
North Carolina Department of Motor Vehicles
Driver License Hearings
3118 Mail Service Center
Raleigh, NC 27697
The DMV will notify you in writing of the day and time of your hearing. If you lose this hearing, you can appeal the decision to the North Carolina Superior Court in your resident county. But you must file your appeal to NC Superior Court within 30 days.
Getting Your Driver’s License Back
If you’re not able to win on appeal, you’ll need to go to your local DMV office after your suspension is over and pay a $50 fee ($100 if you were suspended for DUI) and re-apply for your license. You may be required to re-take any testing involved.
Get Back Behind The Wheel
Having your driver’s license suspended or revoked doesn’t mean you’ll never legally drive again. But license restoration is a process and can take some time. Need help? Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. He can help you through the appeals process and defend you in court. Call today: 919-832-0307 to schedule an appointment for your free initial consultation.