Arrested for DUI? What Happens Now

Driving While Impaired or DWI may have been charged against you, a friend, or a family member in North Carolina. (This used to be referred to as DUI or Driving Under the Influence.)

Substances other than alcohol can affect a driver, including the following:

  • Cocaine
  • Marijuana
  • Opioids
  • Medications on Prescription
  • Other drugs

The term DWI was coined to refer to any substance that could impair one’s usual mental or physical faculties, or both, to a significant degree. DUI was more commonly associated with drinking. Driving while intoxicated is a criminal offense. They have particular regulations for presenting themselves in court, which we describe in detail in this article.

Is it Legal to Drive After a DWI?

In North Carolina, a charge of Driving While Impaired can result in automatic thirty-day revocation of your driver’s license. The revocation can happen just for being charged. In some cases, a Pre-Trial Limited Driving Privilege can be obtained after an arrest. To receive the privilege, you must first qualify for it and then fulfill all necessary actions. As part of our legal representation, we will prepare it for you.

What Do I Do If I Need to Commute for Work?

You can apply for a hardship license or restricted license that will allow you to drive to work after receiving a DUI.

In most jurisdictions, a hardship license will cost you an average of $100 to reinstate a restricted driver’s license. While the case is being evaluated in court, drivers arrested for DUI today may be able to keep their license or drive with a hardship license for a first DUI conviction.

If the state does suspend or revoke your license due to a DUI arrest, there are still viable methods for obtaining a limited license that can be used to drive only seldom during the suspension period. Hardship licenses are typically acquired due to a DUI or DWI to lawfully go to a job, school, or medical treatments and doctor appointments.

The first step toward regaining your license is to apply for a limited license within the state’s deadline. If you don’t already know the deadline for applying for a DUI hardship license in North Carolina, you should be able to locate it on the state DMV website, or we can assist you right away by examining your arrest online. If you’ve already hired a skilled DUI lawyer, Our expert team will be able to tell you when and how to apply for a restricted license.

Next, whether or not you can keep your job may be determined by whether or not you require a driver’s license for work or simply to get to and from work. All states do not provide a temporary hardship permit or limited license for this purpose if you have a commercial license.

Before obtaining a hardship license, there are several primary requirements that clients assist us in completing or obtaining:

  • Alcohol Assessment
  • DL-123 or Equivalent
  • Work Hours Documentation
  • Signed Privilege and Associated Application Materials
  • Affidavit
  • Money Order Payable to the Clerk of Court

What Is an Alcohol Evaluation or a Drug Evaluation?

Drug and alcohol evaluations delve into the extent of one’s substance use to diagnose and propose therapy. These assessments look at the substance, the dosage, and the frequency of usage to build a picture of their drug history. These assessments help understand a substance abuser’s situation and level of addiction. It can also help those in charge choose the best option.

An evaluation is the best approach to learn about someone’s struggles. An evaluation’s findings can be used to assist someone in overcoming their addiction. But these assessments are made for several reasons.

Some evaluations are medical. Other evaluations are for court or other purposes. To comprehend the “why,” we must first grasp the “how.”

An evaluation usually includes the following:

  1. Screening: The beginning stage of the procedure where the practitioner looks for issues. In search of an issue, the answer is a typical yes or no.
  2. Assessment: After the first part, follows the more analytical level. The second step is to identify the issue. During this stage, drug tests may be required.

Some of them may be:

  1. Follow-up: A follow-up is only required if therapy or counseling is needed. Obviously, this depends on the screening and assessment outcomes. The goal is to check in on the subject.
  2. Referral: Recommend a program, treatment, or counselor to the person. It also depends on the initial phases’ outcomes.

Unlicensed facilities cannot provide an Alcohol Assessment. The North Carolina General Assembly mandates it. Typically, the exam involves two state-approved questionnaires. Without getting into too much detail, the method helps identify if one has an alcohol or other substance problem.

The assessment is $100. Payment is usually accepted at the time of the appointment. The assessing agency may ask for upfront payment for weekend or evening visits. An alcohol assessment may potentially incur additional fees.

My License Is Revoked, How Long Before I Get it Back?

A DWI conviction usually results in a year-long license suspension (all first-time offenders). If you have a past DWI within three years of your current DWI, you will lose your four-year license.

You can beat your DUI if you have a good lawyer on your side. We’ll defend you. Call us at 828-759-5556 or use our safe contact form.

More Related Articles
DWI

DWI Aggravating Factors in North Carolina

In North Carolina, being charged with a DWI can have serious consequences. They can be even harsher if the judge determines that there were aggravating circumstances in your case.  Understanding DWI aggravating factors is crucial

DUI for prescription medication

Prescription Medications and DUI in Asheville

Many drivers are not aware that they can be charged with driving while impaired (DWI) if they take legally prescribed medications. As an Asheville DUI lawyer will explain to them, North Carolina law has a