DMV Hearing Process in North Carolina
For a number of ciscumstances, The North Carolina Division of Motor Vehicles has the authority to suspend your license without a preliminary hearing. You may be able to attend a DMV hearing to have your license reinstated if your driving privelages are revoked. Although it is not required to have an attorney for your hearing, having a NC DMV Hearing Lawyer with you at your hearing will vastly improve your chances of getting your license back.
There are various different DMV Hearings:
- A DWI Refusal Hearing
- A Driving While License Revoked Hearing
- A DWI Restoration Hearing
- A DMV Medical Hearing
- Often people will wish to attend their DMV hearing without an attorney. This can lead to a costly and time-consuming mistake if the hearing is not successful.
DMV DWI Restoration Hearing
In North Carolina, if you are convicted of three charges of DWI, your privelage to drive will be permenantly suspended. Usually after three years of permenant suspention, you will be eligible to apple for a DMV DWI Restoration Hearing.
This process requires two steps:
- The first step is filing the required paperwork which includes driving and criminal records and proof of completion and compliance of alcohol abuse treatment.
- The second step is a DMV officier will schedule a hearing for you. At the hearing you will need two witnesses that will testify to your good character and sobrity.
DMV DWI Refusal Hearing
In North Carolina, if you are pulled over in suspicion of a DWI and refuse to blow into the Intoxilyzer 5000 (the breath test) your license can be automatically revoked for refusing. If you are convicted of a DWI, you will have to wair 6 months before you will be eligible for a limited driving privelage.
DMV Medical Hearing
In North Carolina the Division of Motor Vehicles can revoke someone’s license for certain medical conditions such as diabetes or epilepsy. Some people feel betrayed their doctor reported a medical condition to the DMV causing them to lose their ability to drive. Medical professionals are obligated to report certain conditions as it is for the saftey of their patient and public saftey. However, medical conditions can be treated and managed and therefore it is possible to request a DMV Medical Hearing and regain your privelage to drive. Proving you are a responsible and safe driver is the focus and key, like all DMV hearings.
DMV Driving While License Revoked Hearing
If you continue to drive during your revocation period and obtain three or more moving violations the DMV will impose a permenane revocation. Typically this type of revocation lasts between 3-4 years and after about 2 years of not receieving any moving violation convictions, you can be eligible and should seek to obtain a limited driving privelage.
A person becomes eligible for a DMV Hearing after 3 years of permenant revocation. If a limited driving privelage is obtained in these 3 years, witnesses are not needed at your DMV hearing. However, if you have not obtained a limited driving privenage, you will need two witnesses at your hearing, preferable witnesses from the household, that can attest you have not been driving during the revocation period. It is also likely the hearing officier will inquire about drug or alcohol habits during the hearing.