Driver’s licenses exist at a unique intersection between the law and the Department of Motor Vehicles (DMV). Although these two areas work together, each has its own separate rules and standards. In some situations, such as after a DWI offense, you may face DMV punishments on top of the legal charges you receive. This causes complications for many families.
Although most people do not think of it this way, the law considers driving to be a privilege that can be given and taken away. If your license has been revoked or suspended, you know how inconvenient it is to be unable to drive. Fortunately, there are steps you can take to have your driver’s license reinstated after a suspension.
To get your license back, it is important to find an attorney who can help you. Navigating the license restoration process on your own is difficult. There are often legal hurdles to overcome before you can successfully complete the process. A qualified attorney can be a significant asset in these situations.
Our team at the Law Offices of Huffman & Kendrick, PLLC, can help you after your driver’s license has been revoked or suspended.
For over 50 years, the Law Offices of Huffman & Kendrick, PLLC, has been helping individuals with their criminal defense cases. We understand that small mistakes or misunderstandings can have a significant impact on your life and family. A criminal conviction can be devastating for your future. That is why we provide reliable legal care for those who have been charged with or accused of a crime.
Revoked and suspended licenses have a significant impact on drivers and their families. Our team is highly trained in DWI law. We are also very knowledgeable about other laws and offenses that can lead to a suspended license. No matter what kind of legal scenario you are facing, you can rely on our legal team to help you navigate the process of reinstating your license.
For honest, qualified, and judgment-free legal advice, trust the Law Offices of Huffman & Kendrick, PLLC.
A license suspension is a temporary withdrawal of driving privileges. There are usually terms associated with a driving suspension. Once the terms of the suspension are met, the driver’s privileges will be reinstated.
When driver’s license privileges are revoked in Waxhaw, NC, their license is terminated, which makes it more difficult to reinstate them. In these situations, there is a formal hearing, and the driver must meet all DMV standards to get a new license. In some cases, an individual with a revoked license cannot get their driving privileges back.
The state of North Carolina may suspend or revoke your driver’s license for a myriad of reasons. Common reasons include:
This is not a comprehensive list of potential reasons for a license suspension or revocation. There may be other reasons why the law or the DMV may take away your driving privileges. The specific consequences that you face and the criteria for reinstatement will depend on the reason for the suspension or revocation.
If your driver’s license has been revoked or suspended, it is important to seek legal help right away. Even if the situation seems straightforward or simple, these cases rarely are. Most drivers must go through a long list of tasks and objectives before they can get their driving privileges back, if they can get them back at all. Navigating this on your own can be confusing, and many people make mistakes without legal support.
Although having your driver’s license revoked or suspended may seem like a small punishment, it can have a significant impact on your entire life. At a minimum, without the ability to drive, you may find it difficult to:
Many people experience a drop in social engagements, feelings of isolation and anxiety, and other unintended consequences of a license revocation or suspension.
To avoid these kinds of repercussions, or to minimize their impact, trust an experienced attorney to help you reinstate your license privileges. We may also be able to fight the charges that would result in the license disruption in the first place.
DUIs or DWIs are a common cause of license suspensions in North Carolina. In these cases, an individual operates a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. The state considers this to be unsafe, as the driver’s motor skills, reaction time, and judgment are all impaired.
The state of North Carolina sorts DUIs into separate levels, with level 5 being the least severe and level 1 being the most severe. At all levels, there is the possibility that your driver’s license will be suspended. The state does this to discourage repeat offenses and keep drivers safe on the road. The more DUIs that you accumulate on your record, the more likely it is that you will have your license suspended. If you have several DUIs, the court may also opt for a revocation or another harsher punishment to discourage further offenses.
The exact process that you must go through to get your license back depends on your unique situation. In most cases, a judge will assign tasks that you must fulfill before you can get your license back. This may be something as minor as paying a parking ticket or as major as attending DUI classes.
When you have an attorney fighting for you, we can attempt to negotiate a lesser punishment so that it is easier to get your license back. Regardless of your punishment, however, your attorney can help you understand what is required and execute the process of reinstating your license.
After the criteria for license reinstatement have been met, you can go to a North Carolina DMV to apply to have your license suspension lifted. You will have to prove that you met the requirements that the court ordered. You must also show proof of insurance when you go to the DMV.
The license reinstatement fee for the DMV is $140.25, due at the time of the reinstatement application. However, there may be additional fees that you need to pay, depending on your situation. If the conditions of your reinstatement required you to pay a parking ticket, fine, or other expense, the ultimate cost of your license reinstatement will grow.
The reinstatement fees and fines do not include attorney representation costs.
In some situations, individuals are permitted to keep their licenses after a DUI if they agree to have an ignition interlock device (IID) installed in their car. These devices require a driver to use a breathalyzer to start their vehicle. The driver must have no traces of alcohol in their system for the car to start. If the breathalyzer detects any blood alcohol concentration over 0.0%, it will lock, and the car will not turn on.
In some cases, an IID may be a viable alternative to license suspension or revocation. However, it is not an option in every scenario. Judges are more amenable to alternative options like IIDs when an individual is facing their first DUI offense. They will also be more amenable to it if they did not harm anyone else while driving under the influence. The more damage that the person did, or the higher their BAC was, the less likely a judge would be to allow an IID over license suspension or revocation.
IIDs are not an option if your license has been suspended for a reason other than a DUI. For example, if you have an unpaid parking ticket, an IID is not a viable alternative to getting your license suspended.
In some situations, you may be able to obtain a limited license while your full license is suspended or revoked. This is not a replacement for a full license, but it can help you perform basic tasks while your license is suspended.
A limited license allows you to drive to:
Notice that social events and extraneous errands are not included on this list. As such, you could be punished further if a police officer discovers that you are driving for an unapproved reason. If you have a limited license, it is essential that you take the time and effort to follow the rules laid out for you.
The DMV separates limited licenses into five different categories. You must fit within one of these criteria to be approved for a limited license:
These categories can be confusing and often make it difficult to apply for a limited license. If you wish to take advantage of this option, it is especially important that you find legal representation. We can help you parse the rules associated with these licenses. We can also help you work to apply them correctly and in a timely manner.
In most scenarios, it is preferable to stop the license suspension or revocation before it happens. This means taking proactive steps if you are facing a charge that could result in one of these punishments. The most effective way to avoid charges is by hiring a qualified defense attorney to represent you.
In most cases, avoiding legal charges will eliminate the possibility of a license suspension or revocation, as this punishment usually comes directly from the courts. However, some driving-related punishments come from the DMV. This means that avoiding charges in court may not eliminate all consequences.
In these situations, your attorney can help you navigate the DMV system and advocate for your license privileges. Although the system is complicated, having an attorney helps you understand the steps you need to take. It can also make the entire process much easier.
Finding an attorney can be difficult, especially if you have never had to hire one. The top criterion to look for in an attorney is experience. You need to find legal representation that has experience in cases that are very similar to yours.
For example, if you are facing a license suspension after multiple DUIs, you should find an attorney who has seen clients facing license suspensions after multiple DUIs. Representing clients for license suspensions or DUIs alone may not be enough to help you with your case. The combination of experiences, though, can be extremely beneficial.
It is also important to find an attorney that fits within your budget. Since lawyers have unique methods of charging their clients, it is important to speak with any potential attorneys about their fee structure and costs before you hire them. This helps you budget correctly throughout your case. It also ensures that you can afford legal representation for the entirety of your claim. If you lose your representation before the case has been resolved, it can jeopardize the outcome. This will lower the likelihood that you will get your license back in a timely manner.
The Law Offices of Huffman & Kendrick, PLLC, has been defending clients for over 50 years. Our team of attorneys has extensive experience in this area. We can represent you and your family during this difficult legal time.
To begin the process, contact the Law Offices of Huffman & Kendrick, PLLC.