The Experienced DWI Defense Lawyers of Kurtz & Blum Discuss The Interplay Between DMV Hearings And DWI Cases
The North Carolina Division of Motor Vehicles holds power over your privilege to drive. If your license has been revoked, you may attend a hearing to have your driving privilege and license reinstated. DMV Hearings come in a variety of forms. Here, we discuss DWI related hearings. For more information about different types of DMV Hearings as well as our DMV Hearing Video, please check out our DMV Hearing Traffic page.
A DWI Restoration Hearing
If you’ve been convicted of three charges of Driving While Impaired, your right to drive in North Carolina is permanently suspended. However, permanently does not mean forever in this case. After a substantial amount of time, usually three years, you may apply for a DWI Restoration Hearing.
This is generally a two-step process. First, we submit the necessary paperwork to prove that you are eligible for a DMV hearing – that means driving records, criminal records, and proof of compliance with alcohol abuse treatment. Second, a DMV hearing officer schedules the hearing for you. At that hearing you may present witnesses to speak to your good character and your sobriety.
At Kurtz & Blum, PLLC, we take DWI Restoration Hearings very seriously because we understand that every individual’s circumstances are different. We take the time to get to know you and your unique situation. We also interview and prepare each and every one of your witnesses before the DWI hearing. It is crucial that a singular theme be presented to the DMV hearing officer – that you are sober, responsible, and fully deserving of the privilege to drive.
A DWI Refusal Hearing
You’ve just been arrested for suspicion of DWI and have been taken down to the chemical analyst to blow into the Intoxilyzer 5000 – the breathalyzer test North Carolina law enforcement uses. You are nervous, upset, and now you must produce a good breath sample for the officer and analyst who are watching you closely. What happens if you try, but can’t blow? Your license can be revoked for refusing and your privilege to drive taken away. Plus, if you are convicted of DWI, you must wait for six months before you are eligible for a limited driving privilege.
There may be valid medical reasons that someone cannot blow into the Breathalyzer. At Kurtz & Blum, PLLC, we will provide options for fighting your refusal revocation, and we can represent you at that hearing. It is important to call us immediately. Your right to a hearing expires quickly and you must request the hearing as soon as possible.
If you have further questions, please feel free to read through our frequently asked questions traffic page, which includes a section on DMV hearings. Otherwise, you may of course contact us directly.
Our DWI attorneys help people throughout Wake County, North Carolina. We frequently handle offenses arising out of the following cities: Morrisville, New Hope, Apex, Knightdale, Raleigh, Rolesville, Holly Springs, Cary, Wake Forest, Garner, Wendell, Fuquay-Varina and Zebulon.