Q: I had a dwi in 2009, was told to this date I still have to install an interlock. Is there a loophole, no other charges.
A:
GREAT QUESTION!
If that's part of a "conditional restoration," DMV isn't going to budge on that. There is no loophole.
See: https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-19
(e1) Notwithstanding subsection (e) of this section, the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least three years under subsection (e) if the person provides the Division with satisfactory proof of all of the following:
(1) In the three years immediately preceding the person's application for a restored license, the person has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any criminal offense involving the consumption of alcohol or drugs.
(2) The person is not currently an excessive user of alcohol, drugs, or prescription drugs, or unlawfully using any controlled substance. The person may voluntarily submit themselves to continuous alcohol monitoring for the purpose of proving abstinence from alcohol consumption during a period of revocation immediately prior to the restoration consideration.
a. Monitoring periods of 120 days or longer shall be accepted by the Division as evidence of abstinence if the Division receives sufficient documentation that reflects that the person abstained from alcohol use during the monitoring period.
b. The continuous alcohol monitoring system shall be a system approved under G.S. 15A-1343.3.
c. The Division may establish guidelines for the acceptance of evidence of abstinence under this subdivision.
Good luck!
Bill Powers
Charlotte DWI Lawyers
CarolinaAttorneys.com
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