Driving privileges can be suspended when the history of a driver suggests that he is a danger to himself or others. A first suspension is usually not more than sixty days, the second not more than six months, and any subsequent suspension not more than one year. A license can be suspended for convictions of using a driver's or learner's permit fraudulently, illegally transporting alcoholic beverages, or driving under the influence of drugs or alcohol.

Speeding violations alone can also lead to driving privileges being suspended. The North Carolina General Assembly has provided by statute for instances in which speeding convictions can result in a lost license. For example, any person convicted of speeding more than 15 m.p.h. over the speed limit in a 55 m.p.h. zone faces suspension. At faster speeds, suspension can occur at only 10 m.p.h. over the speed limit. A single conviction of speeding in excess of 75 m.p.h. where the maximum speed is less than 70 m.p.h. can lead to suspension.

Driving privileges can also be suspended for repeated violations. Suspension will occur when a driver is convicted of two or more offenses within a one-year period of speeding faster than 55 m.p.h., but not more than 80 miles per hour. Repeated convictions of speeding violations resulting in excessive driver's license points within a three-year period can also lead to suspension.

DRIVER'S LICENSE POINTS

The Division of Motor Vehicles (DMV) maintains a record of convictions for every driver licensed in North Carolina. Upon any conviction of motor vehicle violation, the DMV assigns a certain number of "points" to the driver's license.

All traffic violation convictions result in a certain value of points under North Carolina law. These values range from one to five in order of seriousness. For instance, a conviction for passing a stopped school bus carries the highest penalty of five points. Convictions of reckless driving, following another vehicle too closely, driving on the wrong side of the road, and illegal passing all carry four points. Convictions of running a stop sign, speeding in excess of 55 m.p.h., running a red light, or speeding in a school zone carry three points. Most other moving violations carry an assignment of two points.

Driver's license points usually do not affect one's driving privileges. However, too many points too quickly can have dire consequences. As discussed earlier, driving privileges can be suspended when a driver receives repeated convictions within a three-year period. Specifically, more than twelve driver's license points within a three-year period results in suspension.

However, the law provides partial recourse for anyone who has accumulated driver's license points. A driver with as many as seven points may choose to attend a "driver improvement clinic" operated by the DMV. Upon the successful completion of this clinic, three points are deducted from the driver's record. Only one such deduction of driver's license points can be made within any five-year period.

INSURANCE POINTS

The imposition of insurance points is often more serious than driver's license points. This is because insurance points, unlike driver's license points, directly impact the pocketbook.

The assignment of points on insurance premiums is also provided by North Carolina law. The North Carolina Safe Driver Incentive Plan (SDIP) was designed to reward safe drivers with lower insurance rates. The reverse effect is that drivers convicted of speeding violations can be charged higher premiums.

Like driver's license points, all convictions of traffic violations carry an assignment of insurance points. However, the actual number of insurance points does not correlate directly with driver's license points. While a single traffic violation may carry five driver's license points, some traffic convictions can carry twelve insurance points. Reckless driving, passing a stopped school bus, and speeding in excess of 75 m.p.h. all carry four insurance points. Speeding in excess of 55 m.p.h. but less than 76 m.p.h., following too closely, and illegal passing carry two insurance points. Most moving violations carry one insurance point.

The effect of insurance points on insurance premiums can be significant. Just one insurance point can raise basic insurance rates 15 percent. Three points can cause a rate increase of 65 percent. Five points will result in a 120 percent increase. Twelve insurance points will result in a 400 percent increase. At 400 percent, a $1000.00 premium would increase to $5,000.00.

AVOIDING POINTS

Driver's license points can be prevented or reduced in one of three ways: 

1. having the charges dismissed, 

2. contesting the charges and being found not guilty, or 

3. being convicted of a less serious offense. 

Conviction of a less serious offense may occur when the evidence is insufficient to convict on the charged offense, but the evidence is sufficient to convict on another less serious offense. For example, a reckless driving conviction carries four driver's license points. If this offense is converted to a different moving violation, the offense may only carry two or three driver's license points.

Like driver's license points, insurance points can be prevented or reduced by a dismissal or the conviction of a lesser charge. There are also several special instances in which no SDIP point can be charged by law. No insurance points can be charged for a conviction of speeding 10 m.p.h. or less over the posted speed limit, provided the driver has a clean record and the violation did not occur in a school zone.

A second exception to insurance points is to receive a PJC, or "Prayer for Judgment Continued." A PJC is a determination of guilt by a jury or a court without any sentence being imposed. No SDIP points can be charged for a PJC, but a household can only have one PJC every three years.

The following example demonstrates the workings of driver's license and insurance points. Suppose you have been charged with driving 60 m.p.h. in a 45 m.p.h. zone. By admitting guilt and paying the fine, you will receive three driver's license points and two insurance points. Your 40% insurance rate increase will result in your premiums going from $1000 to $1400.

If you are convicted of the lesser charge of driving 55 m.p.h. in a 45 m.p.h., you save in several ways. You will only be assigned two driver's license points, instead of three. No insurance points will be assigned. As a result, insurance premiums will not increase.

Finally, by obtaining a PJC on this same charge, you could avoid both driver's license points and insurance points. However, only one PJC is allowed per household in any three-year period. As a result, it's usually best to save this "ace in the hole" until you have no other options.

The 9 biggest mistakes most people make after being arrested for a DWI in North Carolina . . . and how to avoid them.

1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.

2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winable case can quickly become a loser.

3. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.

4. Choosing an attorney who is not a specialist. The law is constantly evolving and there is a lot of material to keep up with. An attorney who has a limited practice has the expertise to handle your case effectively.

5. Not complying with driver's license laws. You could lose your right to drive.

6. Driving after your license has been taken away. You could go to jail if convicted of driving while your license is suspended or revoked.

7. Not taking full advantage of your constitutional rights.

8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances. The police can also go to your home or job and arrest you.

9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you.

10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you who has the experience and expertise to handle your case correctly.Welcome to the our Web site. We hope that you will find our site informative and useful. Our goal is to provide the highest quality legal services to you and your business in a timely fashion. We welcome the opportunity to talk with you and to discuss how we may be of service.

Frequently Asked Questions in North Carolina DWI Cases

1. Will I be able to get my case dismissed because I was not read my rights?

   Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
   
   

2. Will I go to jail?

   An experienced attorney may be able to keep you out.
   
   

3. I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?

   It depends on exactly when those offenses occurred and the statute under which you were convicted.
   
   

4. How many hours of alcohol classes will I have to take?

   The type and amount of treatment will be decided at your assessment. Generally, the higher your BAC, the more hours you will have to complete.
   
   

5. What will happen if I do not complete the classes or public service ordered by the Court?

   You could go to jail and you could lose your limited privilege or license.
   
   

6. I lost my North Carolina license. May I obtain a license in another state?

   In most cases, no.
   
   

7. If I obtain an international driver's license, may I drive in North Carolina, even though my North Carolina license is revoked?

   No.
   
   

8. Am I a bad person, because I was arrested for DWI?

   No, but you are well advised to never, never smell like alcohol while behind the wheel.
   
   

9. What if I burped within twenty minutes of blowing?

   The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem can occur with dentures.