Second DWI Charge

Two pending DWI charges in North Carolina can create a license problem that comes as a shock, because a substantial consequence lands before either case is decided. The criminal exposure usually gets the attention. Jail, probation, community service, fines, court costs, substance abuse assessment, treatment, and insurance consequences may all be part of the discussion. The harder reality is what happens to the license while both cases remain pending.

Pursuant to N.C.G.S. § 20-16.5, a second pending DWI may keep the license revoked indefinitely, even after the first 30-day civil revocation has already ended. The driver is kept off the road before any conviction, on charges that have not yet been proven.

For many defendants, that result feels like a penalty imposed before the State has proven its case. The civil revocation is not without Due Process of Law. It rests on a judicial determination that the statutory conditions for civil revocation have been met, and the law provides a right to a hearing to contest it.