DWI Restoration Hearing in North Carolina
License revocation is a common punishment for individuals who are convicted of a DWI in North Carolina. A first conviction will result in a one- year revocation, a second conviction in a four-year revocation and a third conviction in a permanent loss of your license. If you have been convicted of two DWIs, it may be possible for you to request a DWI restoration hearing with the Department of Motor Vehicles to request the reinstatement of your driving privileges.
Anatomy of a Restoration Hearing
Before you can begin preparing for your restoration hearing, your attorney will need to submit various forms and documentation on your behalf in order for the DMV to determine if a hearing is appropriate in your case. Once this has been established, your hearing will be scheduled by a DMV hearing officer.
Your license restoration hearing will be with the DMV, since this is the organization that imposes license revocation in our state. Although the hearing is not conducted in a typical courtroom, the proceedings are similar to what you may have experienced at your criminal trial. There is one major difference: your restoration hearing is not open to the public.
Instead of a judge, a hearing officer will preside over these proceedings. He or she will review the evidence and will determine whether or not your driving privileges should be restored.
As with your criminal trial, witnesses and evidence are extremely important in your restoration hearing. The hearing officer and your attorney will interview each witness individually and privately. Each witness will be sworn in and will be asked questions concerning your alcohol consumption and demonstrated record of responsibility in an effort to determine whether or not the DMV should reinstate your right to drive. Note that it is likely that you will be considered at witness at your hearing. Your attorney may submit any other evidence that he or she deems pertinent and valuable to your case.
Experienced Representation is Key
It is absolutely essential that you have an experienced attorney to represent you at a DWI restoration hearing. These proceedings are extremely serious and the outcome will have a major impact on your life.