Raleigh, NC asked in DUI / DWI for North Carolina

Q: My wife received a DWI conviction around 10 years ago. She drove on her restricted license for a year after conviction.

When it became time for what she thought was to get her license back, she was told that she needed to have an interlock device installed on her car. At that time, we were not married and she did not have a car. Time passed and she never got her license back and she has been without one ever since. It has never been a big deal because she has worked from home but now is thinking of getting a new job and wants to get her license back. What is the next step??

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2 Lawyer Answers
Bill Powers
Bill Powers
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: GREAT QUESTION

An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point.

The expiration of time often does not matter to them.

The condition of an IID for a Conditional Restoration with DMV is technically different than a condition imposed by the Court to obtain a Limited Privilege.

Frankly, that may not be the only other thing NCDMV requires.

NCDMV may also refuse to restore if there are outstanding aspects of an unfulfilled criminal judgment.

"Holds" as we call them in THE system, may also be related to proof of submission/completion of an Alcohol Assessment and Treatment, payment of court costs, fines, and community service fees.

John Fanney in Raleigh is excellent. You may benefit from giving him a call: FanneyLaw.com

Here's more info on the NC DWI Laws: https://www.carolinaattorneys.com/files/north-carolina-dwi-quick-reference-guide.pdf

Great question. All the best!

Bill Powers

Charlotte DWI Lawyer

Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • DUI & DWI Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: She will have to comply with the terms of the court order. Which means she will likely have to have the interlock installed and comply with any other terms of the court order as well.

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