The NC DWI Guy

James K. Minick

An individual who drives when their license is revoked is subject to misdemeanor charges and administrative issues regarding the individual’s driving privileges. Although crimes typically have defined punishments, the crime of Driving While License Revoked has the possibility of reducing the sentence to a different charge if certain conditions are met. These conditions are explained under the punishment section of the crime of Driving While License Revoked. The following crimes are broken down into their respective elements and potential punishments upon conviction.

Driving While License Revoked

Elements

A person is guilty if they:

  1. Drive
  2. A motor vehicle
  3. On a highway
  4. Knowing
  5. That their license is revoked

A person is driving when they are in actual physical control of the vehicle when it is moving or when the engine is running. A highway and a street are the same thing. The individual must also know that their driving privileges have been revoked.

Punishment

If person is guilty of driving while their license is revoked, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-28(a). The punishment can be reduced to a violation under N.C. Gen. Stat. § 20-35 if:

Driving While License Revoked for an Impaired Driving Revocation

Elements

A person is guilty if they:

  1. Drive
  2. On a highway
  3. While the person’s license is revoked for an impaired driver’s license revocation
  4. After notification has been sent in accordance with N.C. Gen. Stat. § 20-48

Punishment

If a person is guilty of driving while their license is revoked for an impaired driving revocation, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-28(a2).

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