> home

> read this page first

> mistakes

> the dwi process

> successful arguments

> faqs

> what to do?

> protect your license

DMV Hearing After Privilege for Driving While License Revoked Rules

Restoration after Driving While License Revoked Privilege (permanently revoked)
§ 20-28. Unlawful to drive while license revoked or while disqualified.
(a)  Driving While License Revoked. - Except as provided in subsection (a1) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.  
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.  
(a1)  Driving Without Reclaiming License. - A person convicted under subsection (a) shall be punished as if the person had been convicted of driving without a license under G.S. 20-35 if the person demonstrates to the court that either subdivisions (1) and (2), or subdivision (3) of this subsection is true:  
(1) At the time of the offense, the person's license was revoked solely under G.S. 20-16.5; and  
(2) a. The offense occurred more than 45 days after the effective date of a revocation order issued under G.S. 20-16.5(f) and the period of revocation was 45 days as provided under subdivision (3) of that subsection; or  
b. The offense occurred more than 30 days after the effective date of the revocation order issued under any other provision of G.S. 20-16.5; or  
(3) At the time of the offense the person had met the requirements of G.S. 50-13.12, or G.S. 110-142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.  
In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S. 20-35, and the conviction report sent to the Division must indicate that the person is to be so treated.  
(b)  Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 3.  
(c)  When Person May Apply for License. - A person whose license has been revoked under this section for one year may apply for a license after 90 days.  A person whose license has been revoked under this section for two years may apply for a license after 12 months.  A person whose license has been revoked under this section permanently may apply  for a license after three years.  Upon the filing of an application the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provisions of the drug laws of this State or another state when any of these violations occurred during the revocation period.  The Division may impose any restrictions or conditions on the new license that the Division considers appropriate for the balance of the revocation period.  When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years.

ADDITIONAL RULES (per dmv supervisor as of 7-23-09)
Per DMV, as of July 23, 2009, the hearing officer must issue a Drivers License after a hearing as long as the rules above are not violated, there are no pending charges, and no motor vehicle violations during the suspension, unless those violations occurred during the period of the privilege and within the times allowed by the privilege.

> Marcus Hill, Bailey J. Farrin & staff

> forms

Free Legal Questions