Challenging DWI License Revocation in North Carolina
While the law clearly allows a North Carolina license suspension (assuming certain legal conditions have been met), even for just allegations of DUI charges in NC, there may be ways to challenge that suspension or revocation.
Just like each person accused of criminal charges in NC is different, each DWI case is also different. How DWI charges are handled and ultimately resolved in court, depends on the individual fact scenario, the relative training and experience of the charging officers, and the associated documentation of the DUI charges, or lack thereof.
“At least with Charlotte DUI charges, we’re seeing this with greater frequency. That isn’t always a good thing. Challenging the 30-day suspension, or what defense lawyers often refer to as the Civil Revocation, requires a careful analysis of the law and facts of DWI charges. After more than 25 years as a criminal defense lawyer in North Carolina, I believe sound legal advice is premised on research, hard work, and dedication to detail.”
- Bill Powers
There are some key points to understand from the outset when it comes to challenging the license suspension or revocation (there are technical, legal differences between the terms “suspension” and “revocation”):
- The 30-Day DWI Suspension or “Civil Revocation” is NOT automatic in all DWI charges in NC
- Challenging the 30-Day Impaired Driving Suspension or “Civil Revocation” is NOT always possible
- There are important timing issues in challenging the Civil Revocation in North Carolina
- DWI Defense Lawyers need to review supporting documentation in the CVR File or “Civil Revocation File” located in the Clerk of Court’s Office
- Notice of the Challenge is submitted to the North Carolina Attorney General’s Office - NOT the District Attorney
- The 30-Day Civil Revocation Hearing, challenging the CVR or DUI Civil Revocation, is not technically a criminal proceeding, although DWI Defense Lawyers tend to be the attorneys who handle such matters in Court
- The 30-Day Civil Revocations are sometimes heard by a NC Judicial Official (a Magistrate) and NOT by a District Court Judge in Criminal Court
- The Rules of Evidence and Standards of Proof are technically different, relying on Civil Procedure Laws in North Carolina
- Jurisdictions in NC vary on how and where they handle Civil Revocations
The defense lawyers in our law office provide a free consultation for DWI charges because it’s important for potential clients to understand their rights under the North Carolina DWI laws. We encourage an immediate consultation, as there are often important timing requirements for filing Motions and challenging legal issues for DWI charges in NC.
“DUI in NC is complicated. It doesn’t necessarily matter if they’re felony or misdemeanor charges, when it comes criminal charges where impaired driving allegations are the primary legal basis for charging or arresting someone, the legal analysis is largely the same. We focus on the facts, the law, the science, the technology and of course, the client. That takes time.”
- Bill Powers
The Charlotte DWI defense lawyers at our law office normally need the following materials:
- The Uniform Citation or “charging document” for the DWI charges
- The Notice of Suspension or Revocation
- The breath test “Rights Form”
- The “breathalyzer” test results / printed results of breath test
- Blood Analysis Results
- Chain of Custody Report
DWI Defense Attorney Bill Powers
Bill Powers is listed within the 2018 Best Lawyers in America © publication for his work in Criminal Defense. He was also included in the 2017 publication as “Lawyer of the Year – Criminal Defense: General Practice” Charlotte, NC Best Lawyers ®
The law office of Powers Landreth is also included in the 2018 U.S. News – Best Lawyers ® “Best Law firms” publication. The firm has been named as a “Charlotte Tier 1 “Best Law firms” for the area of DUI / DWI Defense.
Charlotte Criminal Defense Lawyer Bill Powers is a Board-Certified Criminal Law Specialist by NBTA / NBLSC (National Board of Trial Advocacy / National Board of Legal Speciality Certification)
If you have questions about DWI charges in Charlotte NC or some other legal issue that may benefit from the legal advice of an experienced criminal defense lawyer, we’re here to help.
Call NOW: (704)-342-4357.