When Can I Re-Apply for My Driver’s License After A DWI In Raleigh, North Carolina?

A DWI charge is a serious offense,  and can lead to a loss of your driving privileges and even potential jail time. But even if you are convicted and lose your license, it may not be permanent. North Carolina has a process for restoring suspended or revoked driver’s licenses. A skilled lawyer with experience in DWI cases can help you sort through steps to get your driver’s license back. Dewey P. Brinkley has fought DWI convictions in the Raleigh/Wake Forest area for over 10 years. He thoroughly investigates all aspects of each case to ensure that you are treated fairly and your rights are protected.

What Are Your Options?

Even if you are convicted of DWI, you can get your license back—but it will take some time.

Re-Apply for your Driver’s License After A DWI

Your license will be immediately suspended for 30 days if you have a Blood Alcohol Content (BAC) of .08% (or .04% if you have a CDL.)  Refusing a blood or breath screening will also cause your license to be suspended. There may be additional criminal penalties involved, and your license will be revoked for at least one year. A third DWI will permanently revoke your driving privileges.

Purchasing alcohol for a minor or allowing a minor use your license to purchase alcohol will lead to a suspension. Minors (under 21) also face suspension for consuming (with any BAC) or buying alcohol.

For any of these charges, your license will be revoked for one year for a first offense, two years for a second, and a permanent revocation for the third. After conviction, the State of North Carolina will notify you in writing that your license has been suspended.

What Happens Next?

After you’ve been notified, you can request an administrative hearing by contacting the DMV Central Office in Raleigh. You will not be able to request limited driving privileges, also called a “hardship license,” for driving back and forth to work, school or other limited functions.

Once your revocation period is over (this will depend on whether your case was acquitted or convicted), you can restore your license. Visit your local DMV office and pay the restoration fees by cash, money order or personal check:

·         Restoration of driver’s license: $65.

·         Restoration following a DWI conviction: $130

·         Service fee: $50. (This fee is waived if you surrendered your license to the DMV before to the effective date of suspension.)

You will also be required to re-apply for your North Carolina driver’s license, re-take the written test and possibly the driving test.

The Law Office of Dewey P. Brinkley can defend your DWI case, appeal the decision, fight for a reduced or alternative sentence, and help you through the process of getting your driver’s license back.

Your Case

Each DWI is different, so there is no way to predict the outcome. Was this your first offense, or your third? What was your BAC? Are you under or over 21? What cause did the officer have to pull you over, and what did he discover? Did you take or refuse a test? There may be other evidence or mitigating factors that determine the outcome of your case. Dewey P. Brinkley has worked with people just like you, and works hard for acquittal, and for reduced and alternative sentences for DWI. He will investigate your case and make sure your rights are protected and you are properly represented in court.

The first step is to call The Law Office of Dewey P. Brinkley at 919-832-0307 and schedule your free consultation. Call today, and take the first step to recovering from a DWI.

How a Raleigh Misdemeanor Attorney Can Help a Simple Misdemeanor Charge (Video)

This is Part 27 of our weekly North Carolina Criminal Defense video blog: “How a Raleigh Misdemeanor Attorney Can Help a Simple Misdemeanor Charge

Transcript:

I think you have to look long term and understand how is this charge, if it’s on my record, going to impact me?

I have young people who get charged with alcohol offenses, marijuana possession and sometimes they don’t think long term and understand that offense is going to be on their record for the rest of their life.

I definitely advise folks to at least consult with an attorney even on traffic tickets. Traffic tickets have DMV consequences and they have insurance consequences and lots of times people don’t know when a particular ticket may result in a revocation of their driver’s license.

It’s always important at least to consult a lawyer on any criminal case just to make sure that you’re not doing something that’s going to affect you for the long term.

Raleigh DWI Attorney and Types of Traffic Cases (Video)

This is Part 26 of our weekly North Carolina Criminal Defense video blog: “Types of Traffic Cases

Transcript:

I handle driver’s license revocations; I handle pretty much everything in traffic court from basic simple speeding tickets to careless and reckless driving to driving while license revoked and ultimately also DWI.

Will I Lose My License After A DWI In Raleigh, NC?

A DWI, or “Driving While Impaired” charge, isn’t something most people plan on. But like a lot of things, a DWI can happen, and you will lose your license, at least temporarily. It doesn’t have to be forever.

If you’ve already had a DWI in Raleigh, you’re probably wondering what to do next, and if you can get your license back. But you will need help from an attorney. Dewey P. Brinkley has represented people in Raleigh for DWI/DUI for over 15 years, and will personally handle all the details of your case.

What does “Driving While Impaired” actually mean?

Will I Lose My License After A DWI In Raleigh, NC?Driving a motor vehicle of any kind while under the influence of alcohol (or other debilitating substances.)  If you are over the age of 21, and you have a Blood Alcohol Content (BAC) over .08%,  a previous DWI or are a CDL driver with a BAC over .04%, or under 21 with any alcohol concentration, North Carolina considers you “impaired.” Mitigating factors include prescription drugs, your physical or mental fitness, and how alcohol affects you. Your license will immediately be suspended for at least 30 days.

What Happens When My License Gets Suspended?

North Carolina will inform you in writing that your license has been suspended, and you are not allowed to drive. The suspension becomes a permanent part of your driving record, and you’ll accrue extra points on your license which will raise your insurance rates.

The Levels of DWI in North Carolina

North Carolina has five tiers of DWI—Level 5, for the first incident, and up to Level 1 for repeated DWI charges. Each level carries increasing fines and the potential for jail times, or probation and substance abuse assessment. Aggravated Level 1 charges includes a $10,000 fine and the potential for 12 to 36 months in jail.  Your license is immediately suspended for 30 days, with the possibility of requesting limited driving privileges after 10 days.

How Much Does A DWI Cost?

Once you finish paying for a DWI, you’ll realize why a cab is cheaper. In North Carolina, you’ll have to pay for:

  • Bail from jail
  • Auto towing/storage charges, if you don’t have a sober friend to drive your car home (or if you’ve had an accident)
  •  Court costs
  • Court-ordered fines and criminal penalties
  • Attorney’s Fees
  • Traffic school or other re-training courses, which can run from $100 to more than $250
  • This may include substance abuse rehab or other courses before you can drive again
  • Increases in your car insurance (with increased points), because you’re a higher risk
  • Installation of an Ignition Interlock Device on your vehicle—required by the state of North Carolina, for anyone with a BAC of 0.15% and a subsequent DWI within 7 years of the first.
  • DMV fees to reinstate your license (about $250)

How Many DWIs Have You Had?

The length of suspension time also depends on how many DWI charges/convictions you’ve had. If it’s your first, your license can be suspended for up to one year.  A second DWI offense can see your license suspended up to 4 years, with the possibility of a hearing after 2 years. If you commit a third DWI, your license can be permanently suspended in North Carolina, with a possibility of a hearing after 3 years.

We Can Help You Fight A DWI in Raleigh

Many factors can change the course of a DWI case—incorrect testing, improper procedures and other mistakes discovered in a case can alter the outcome.

If you’ve been charged with DWI in Raleigh, you won’t be grounded forever, but you’ll need help to start the process of getting your license back. Contact the top DUI/DWI attorney in North Carolina today at 919-832-0307 for a free initial consultation. Dewey P. Brinkley is a former assistant district attorney in Wake County, and has successfully defended thousands of DWI clients in the Raleigh/Wake County area.

With experience in many types of criminal defense, Mr. Brinkley will discuss your DWI case with you and begin the process of building your defense so you are properly represented, and get you back in the driver’s seat. Call 919-832-0307 today for a free initial consultation and start your DWI defense.

Raleigh Defense Lawyer Discusses Larceny Charges in NC (Video)

This is Part 25 of our weekly North Carolina Criminal Defense video blog: “Larceny Charges in NC

Transcript:

Larceny in North Carolina is basically taking the property of another person or entity with the intent to deprive them permanently of its use.

If I’m in Belk’s Department Store or Crabtree and I take something off the shelf and I exit the store and get completely through the doors and out into the parking lot, I have evidenced that intent to deprive Belk permanently of that merchandise. That’s what we call misdemeanor larceny as long as it’s under $1,000.

Felony larceny can be charged in a number of different instances. Everything from removing an anti-theft device from a piece of merchandise to stealing something over $1,000 or it can be larceny pursuant to a breaking and entering of a residence. All of those are characterized as felony larceny.

Raleigh DWI Lawyer Answers – What Happens After You Get Your First DWI? (Video)

This is Part 24 of our weekly North Carolina Criminal Defense video blog: “What Happens After You Get Your First DWI?

Transcript:

When you get your first DWI, generally you are going to be sentenced to unsupervised probation for 12 months, you’re going to be ordered to do community service, and your license will be suspended for a year. You will be eligible for a limited driving privilege as long as certain aggravating factors are not present in your case; you didn’t injure someone, there wasn’t a person under 18 in the car at the time, you don’t have a prior DWI conviction, or your license wasn’t revoked at the time for a prior DWI conviction.

As long as those things are true and this is your first offense, you can expect unsupervised probation, community service, you’ll be ordered to get an assessment and treatment, and ultimately you’re going to be eligible for a limited driving privilege just so you can drive to work while you’re serving that suspension.

Raleigh Defense Attorney Answers, “What Types of Felonies Have You Defended?” (Video)

This is Part 23 of our weekly North Carolina Criminal Defense video blog: “What Types of Felonies Have You Defended?

Transcript:

I’ve represented clients charged with murder, felony sex offenses, robbery with a dangerous weapon, kidnapping, and assault with a deadly weapon with the intent to kill. I’ve tried all of those types of cases before a jury here in Wake County. I’ve tried probably at least 30 felony trials where the offense was what we consider a Class A through E felony.

Defense Lawyer, Raleigh NC – What Is Your Most Rewarding Win? (Video)

This is Part 22 of our weekly North Carolina Criminal Defense video blog: “What Is Your Most Rewarding Win?

Transcript:

I’ve had a client who was charged with molesting his daughter. The facts of the case were that the daughter came forward after a significant amount of time and alleged that her father had touched her inappropriately as a child and my client vehemently denied ever having done anything like that.

The mother and father, my client and his wife, were going through a divorce. The mother was pushing the prosecution of that case. Ultimately, he testified and we secured a not guilty.

It was extremely emotional and the level of preparation and detail and sitting with that client and preparing him to testify was probably the most emotional and rewarding verdict that I’ve had as a criminal defense lawyer.

Meet Raleigh Defense Attorney Dewey P. Brinkley (Video)

This is Part 21 of our weekly North Carolina Criminal Defense video blog: “Meet Raleigh Defense Attorney Dewey P. Brinkley

Transcript:

My name is Dewey Brinkley. I practice criminal defense and traffic law here in Wake County, North Carolina. I’ve been a criminal defense attorney for about 13 years now. I was an assistant DA here in Wake County for about two and a half years, mainly in district court, some in superior court.

The real benefit of being an assistant DA is you get to try so many cases. It has helped my development as a defense attorney just to have that trial experience and kind of know how the other side approaches cases.

I really found it to be an invaluable experience to do that. I got lots of trial experience as an assistant district attorney. I got to meet law enforcement officers. I learned a lot about our judges and our district attorney’s office. I learned the elements of crimes, and I think it really helped me to understand what the weaknesses in certain cases may be.

Raleigh Criminal Lawyer Dewey P. Brinkley – Cases Our Law Office Accepts (Video)

This is Part 20 of our weekly North Carolina Criminal Defense video blog: “Cases Our Law Office Accepts

Transcript:

I take all criminal defense cases, everything from first degree murder down to the most simple misdemeanor cases. I also do traffic cases so if someone calls me with a speeding ticket everything to DWI on the traffic side; everything from the most serious felonies to the most minor misdemeanors as far as criminal defense.