Select Page

For many crimes and traffic offenses in North Carolina, a conviction can result in the revocation of a person’s driver’s license. However, is the state of North Carolina legally allowed to revoke the driver’s license of a person charged with a crime prior to his or her conviction? The answer, unfortunately and astonishingly, is “yes.”

For a North Carolina resident facing an alcohol related offense (or as it is sometimes called, an implied consent offense), there may be a pretrial revocation of driving privileges.


A pretrial revocation most commonly occurs in the following four situations:


1) Legal Limit – when a driver charged with an implied consent offense registers a .08 blood alcohol concentration (BAC) or above reading on a chemical test;
2) Commercial DWI – when the driver of a commercial vehicle registers a .04 BAC or above on a chemical test;
3) Driving After Drinking Underage – when a driver under the age of twenty-one registers a .01 BAC or above reading on a chemical test; or
4) Refusal – when a driver charged with an implied consent offense refuses to submit to an implied consent offense test.

Typically upon being charged with an offense where a pretrial revocation occurs, the person’s driver’s license is suspended for 30 days (what is called a 30 Day Civil Revocation), and the suspension may be even longer (up to 45 days total).


What Can I Do?


The person charged with the offense may be able to get a limited driving privilege that allows him or her to drive during the final 20 days of the 30 day civil revocation (or final 15 days of the 45 day revocation).

It is also possible for the driver who has been charged to request a hearing for the sole purpose of contesting the validity of the pretrial 30 day civil revocation. If you think you were unjustly charged, or if the pretrial revocation was too harsh a punishment for not having been convicted, then this may be a route for you.

This hearing, however, must occur within 3 working business days of the request filed, if the driver requests it in front of a magistrate judge, or within 5 working business days if the driver requests it in front of a district court judge (see our blog for Driving While Impaired Frequently Asked Questions). There is a limited window of when this hearing may be successful, so it is important to speak with an experienced attorney who is aware of the deadlines when it comes to pretrial license revocation.

For a person who has a commercial driver’s license (CDL), contesting the civil revocation might be critical in order to avoid losing the CDL.


Contact Us

If you or someone you know has been charged with a DWI, and you would like information on how to obtain a pretrial limited driving privilege and whether or not a hearing regarding the validity of the pretrial revocation has merit, contact us at Minick Law, P.C. for a free consultation on your case.

Aggressive Criminal Defense. Client Focused Service.


To find the membership requirements for the above organizations, as well as a lawyer directory showing which of the Minick Law attorneys are members of each organization, please visit each organization's website by clicking the appropriate graphic.

Great firm. Wonderful and rare attorneys. We could use a million more just like them.

David H.

If attorneys are going to be this compassionate and nice I am going to have to stop telling attorney jokes.

Hilary S.

All questions were answered in a timely, respectful, and friendly manner. The firm's attorneys are devoted and their areas of expertise are far-ranging. This firm is top-notch!

William R.

...I had a note to myself on my calendar to follow up with their office, however, before that date came, they contacted ME, had successfully taken care of my traffic offense and sent me confirmation in the mail...

J. Nelson

This Law Firm really knows how to get the job done!...All the Attorney's here are very professional and easy to deal with. I highly recommend The Minick Law Firm for any of your needs. Thank you!

Patrick K.

Get the defense you need from a law firm that cares.


We Listen

During our initial conversation with you we will get information about the circumstances of your charge and your situation.


We Inform

Once we have these details we can explain the potential consequences you are facing.

We Plan

We will then create a detailed plan of action for your case to make sure that your traffic ticket is resolved in the appropriate manner. Our mission is to produce the best possible outcome on your case.

How Can We Help?

Minick Law, P.C. | NC DWI Lawyers and NC DWI Center - All Rights Reserved | Website:

bitcoin credit-card-logos

Google Rating

Disclaimer: Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

Share This

Share This

Share this post with your friends!