Challenging DWI License Revocation in North Carolina
By: Charlotte NC DWI Attorney Bill Powers
Many people facing impaired driving charges in Charlotte NC (what some call “drunk driving” allegations) understand that DWI charges, if they end in a conviction, can result in the suspension of their NC driver’s license. Unfortunately, they may not also realize there are times with DWI charges in NC that even the accusation of impaired driving can result in what defense lawyers call a “Civil Revocation.”
It can be a confusing area of NC criminal law, especially for people with little or no experience with the criminal justice system.
Normally a “30-day DWI suspension” takes place if the person facing criminal charges (DWI in North Carolina is a criminal charge) had a blood alcohol content reading or “breathalyzer reading” of .08 or higher.
It’s also possible to lose your license with DUI charges in NC if the charging officer reports a “willful refusal” to submit to blood or breath testing.
Indeed, DWI charges require careful consideration of criminal defense law in North Carolina. That is one of the many reasons it makes sense to talk to an experienced Charlotte DUI lawyer.
You may have other questions about your DWI charges including:
- Is DUI felony or misdemeanor in NC?
- How is court scheduled for Criminal Charges in Charlotte NC?
- What is the difference between North Carolina DWI charges and South Carolina DUI charges?
- Is drunk driving in North Carolina the same thing as impaired driving in NC?
- What is the legal limit in NC DWI cases?
- How do they test for DWI charges in NC?
- What does the .08 limit mean?
- Is the breathalyzer on the side of the road (PBT Portable Breath Test) admissible in NC DWI charges?
- What is a DUI willful refusal?
- What is Probable Cause for DWI charges in NC?
- How long will my license be revoked for DWI?
- Do Impaired Driving charges in North Carolina require a BAC or breath alcohol concentration?
- What is a Compelled Blood Draw in NC DWI cases?
- What is a Limited Driving Privilege in North Carolina?
Those are all perfectly reasonable (and normal) questions to ask if you or a loved one are facing serious DUI charges in Charlotte NC. Our law firm provides legal representation to people in places like Charlotte in Mecklenburg County, Statesville in Iredell County, Salisbury in Rowan County, and Monroe NC in Union County.
We regularly travel throughout North Carolina, helping our clients with criminal charges.
We’re used to answering these and many other legals questions regarding Charlotte DWI charges. In fact, we offer a FREE LEGAL CONSULTATION for criminal charges and allegations of impaired driving in NC. The criminal defense lawyers at our law office are ready, willing, and able to sit down with you and discuss your legal options.
We strongly recommend that you seek legal advice from an experienced criminal defense lawyer without delay, as there are often important timing issues associated with DWI charges in NC.
Powers Landreth has three convenient law office locations in the Charlotte-Metro region to serve you:
- Our law firm Main Office is located at 2412 Arty Avenue, Charlotte, NC 28202
- We also have a secondary location that is located near the Mecklenburg County Courthouse (by appointment only) at 1057 E Morehead St Suite 100B, Charlotte, NC 28204
- Finally, for our Rock Hill SC and York County, South Carolina clients**, we have a third Law Office location (by appointment only) at 331 E Main St #200, Rock Hill, SC 29730
**Attorney John Landreth is the sole attorney at Powers Landreth law firm licensed to practice law in South Carolina. John also is licensed to practice in North Carolina.
Call NOW to schedule an office appointment: (704)-342-4357
You may also email Managing Partner and criminal defense lawyer Bill Powers directly at: Bill@342HELP.COM for Charlotte NC criminal charges or other DWI charges in North Carolina.
You may call Attorney John Landreth (803) 325-5806 for Rock Hill SC DUI charges or email him directly at: John@342HELP.com
As defense lawyers we prefer to meet face-to-face with clients, if that’s possible. But we’re also not afraid to use technology to help people with DUI charges. We also use secure video conferencing at no charge to you. Attorney-client privilege applies to legal consultations for criminal charges, even if you chose not to retain our law office for legal representation.
“We help people with DWI charges in North Carolina. We do not limit our practice to criminal charges alone, knowing sometimes clients want legal representation by an experienced criminal defense lawyer in smaller jurisdictions.
With the use of technology, it has never been easier for clients to retain the attorney of their choice.”
- Bill Powers
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.