One of the more common traffic charges in North Carolina is Driving While License Revoked. Cases involving DWLR charges can be complex and can leave those charged feeling uncertain and confused. Here are some of the most frequently expressed concerns regarding DWLR cases in North Carolina.
- DWLR’s are traffic issues, why are they in criminal court? First it is important to know that there are two different kinds of DWLR charges in North Carolina, and that while both are technically misdemeanors, they are very different.
- The first is for a non-impaired revocation; these usually stem from failing to comply with a judgment, or failing to appear for a court date.
- The second, is for impaired revocations; this means that it would be the result of a prior DWI or implied consent offense.
- Since a DWLR is a misdemeanor how will I be sentenced if I get convicted? Since both types of DWLR are misdemeanors they would both go on your criminal record. However, while the non-impaired revocation is a class three misdemeanor, meaning it usually only carries a fine and court costs; the impaired revocation is a class one misdemeanor, which means that the judge will often give the person probation and possibly even jail time.
- Will my license be suspended? It depends. If you are convicted for a DWLR for a non-impaired revocation, no the DMV no longer issues you an additional suspension. However, it may negatively affect your ability to become licensed again should you be on a different type of suspension. If you are convicted of a DWLR for an impaired revocation, yes you will face an additional one-year suspension to your license.
- My license was suspended due to a DWLR can I get a limited driving privilege? No, if you are suspended due to the class one impaired revocation DWLR you cannot get a limited driving privilege.
- What else does my license being suspended affect? One of the most serious effects of your license being suspended occurs if you are also charged with a DWI. If when you are charged with a DWI your license is suspended or revoked for an impaired revocation, then the fact that your license was suspended can be used as a grossly aggravating factor, which would lead to you facing mandatory jail time for the DWI conviction.
- How long is my license going to be suspended for? That depends on your actual record and the reason for the suspension/revocation. Some suspensions may be overturned rather quickly by filing the right motions in your past cases. Others may require a hearing in front of a DMV officer or judge in order to reinstate your license.
If you have a pending DWLR or your license is suspended or revoked and you would like to see if you can get your license back please contact us today to see how our knowledgeable Criminal Defense attorneys can help.