Lincoln County DWI

Why LincolnCountyDWI.com?  This site is here to make information about DWI charges and Driver's License restoration available to those that need it.   

DISCLAIMER:  The laws of North Carolina concerning Driving While Impaired and related offenses are numerous and complex.  There are many provisions, exclusions, additions and possibilities that apply to your situation, both in regard to the Court/legal system and the Department of Motor Vehicles. 

If you are charged and convicted of a Driving While Impaired charge, your license will be suspended.  To regain your license, you must complete an assessment and treatment process, or the DMV will simply extend your suspension until you do complete an appropriate program. 

This restoration procedure is not an all-inclusive description of the process, and no claim can be made as to its accuracy or completeness.  It is meant to be a general guide to assist you in the process of restoring your license.  Portions of this procedure will not apply to your circumstances. 

No legal advice is offered here.  The restoration procedures here are in addition to compliance with all court orders. 

Procedure for Driver’s License Restoration

1.         ASSESSMENT

The first step toward license restoration is the Substance Abuse Assessment.  The state of North Carolina requires five elements for a DWI assessment.  They are: 

1)      Payment of the assessment fee ($100),

2)      A complete driving history ($10.75), 

3)      Proof of the Blood Alcohol Content (BAC),

4)      Completion of a North Carolina approved assessment instrument, and,

5)      A clinical interview.

 The assessment fee must be paid at the time of the assessment.  If possible, your driving record will be sent for electronically as a part of your interview. 

Assessments for DWI offenses in North Carolina must be conducted face-to-face only in DWI-authorized facilities, and can only be conducted by persons specifically authorized to do so.  Any agency or individual attempting to circumvent these requirements should be immediately reported to Justice Systems - DWI at 919 733-0566.  (Some agencies may offer on-line services because of the Covid crisis.)  

If a complete driving history is not available, or the printout or other confirmation of your BAC test results is not available at the time of the interview, the clinical interview and assessment instrument will be conducted, and recommendations will be made based on the information you provide.  If additional information is received at a later date, the recommendation could be invalidated, resulting in the need for reassessment and/or further treatment. 

Your assessment is valid for six months.  If you have not begun the recommended program within six months of the assessment date, you must complete another assessment before enrolling in the program. 

If the state revokes your license because of a DWI conviction, the recommendations must be certified as completed and approved by the State prior to license restoration. 

The substance abuse assessment will result in a recommendation for education or an appropriate level of treatment, and a Form 508 will be initiated.  The Form 508 is the only document sent to Raleigh on your behalf, and the only document Raleigh will accept as proof of completion of a substance abuse assessment and the recommended education/treatment program. 

2.      DRIVING PRIVILEGES

Pre-trial Limited Driving Privilege (LDP):  If you are eligible for a pre-trial LDP, you may obtain one with a substance use assessment, proof of insurance coverage from your insurance carrier (FORM DL-123), and payment of a $100 fee at the Clerk of Court office.  The pre-trial LDP is available after ten days of the automatic 30-day administrative suspension.  The services of an attorney are highly recommended for this task.  

Thirty days after charge:  If you are eligible, payment of a restoration fee ($100 paid at the Clerk of Court office) at the thirty-day point will return your license to you until the trial date.  If you do not get your licensed returned after thirty days, whether by your choice or because circumstances render you ineligible to do so, this restoration fee must be paid anyway before your license can be restored. 

Post-trial Limited Driving Privilege:  If convicted and if eligible, you may obtain a post-trial LDP with a substance use assessment, proof of insurance, and payment of another $100 fee to the court.  If you have not paid the restoration fee at the thirty-day point to get your license back pre-trial, it must be paid at this time.  This LDP will allow you to drive specific days and times, to specific locations,  for a period of one year from your conviction date, with a BAC of 0.00.  If you have a valid need to drive outside of standard driving times of 6:00 AM – 8:00 PM Monday through Friday, you must provide proof of that need.  The services of an attorney are highly recommended for this task.  

Breathalyzer refusal:  If you refused the Breathalyzer, you will not be eligible for a Limited Driving Privilege until six months after conviction for the refusal, and then only if you have obtained a DWI assessment and the recommended treatment program has been completed. 

The one year suspension for the refusal does not have to overlap any subsequent suspension for the DWI conviction. 

Ignition Interlock Devices:  Interlocks can be required with single convictions with high BAC, multiple convictions separated by less than seven years, or if ordered by the Court. 

If the date of the offense was before December 1, 2007, and your blood alcohol was .16 or higher, upon conviction, you must obtain and use an Ignition Interlock before being allowed to drive.  If the date of the offense was December 1, 2007 or later, and your blood alcohol was .15 or higher, upon conviction, you must obtain and use an Ignition Interlock device.  Also, you will be required to wait a period of forty-five days after conviction before you are eligible for a Limited Driving Privilege. 

If circumstances require the installation of an Ignition Interlock device, it must be in place before any driving privilege is issued or license is restored.  Monitech, Inc. is one authorized provider of Ignition Interlock devices in North Carolina, and they can be reached at 1-800-521-4246 or at www.MonitechNC.com.  SmartStart is another, and they can be reached at 1-800-880-3394 or at www.SmartStartInc.com.  A third company, Alcolock, can be reached at 1-855-664-0353 or at alcolockusa.com.  

In November 2021, Senate Bill 183 Changed many of the aspects regarding Interlock devices and their use.  Ask your Lawyer how these changes affect you.

3.      EDUCATION/TREATMENT

You must complete the education or treatment program recommended by the assessment for your license to be restored.  

Pre-trial completion of the recommended education or treatment program is a mitigating factor for your offense.  If you complete your education/treatment before court, it is imperative that you call back to your treatment provider to report the outcome of your court hearing.  We must know the date of conviction in order to complete your paperwork.  If we do not know your conviction date, we cannot send your Form 508 to Raleigh. 

4.      RESTORATION

The Form 508, certifying completion of all recommended services and payment in full of all required treatment fees, must be sent to the DWI Services office and DMV in Raleigh, and receive approval from both offices.  After your Form 508 is sent to the DMV in Raleigh, it will take approximately five working days to process your paperwork and clear you for license restoration.  The number to the automated DMV information system in Raleigh is (919) 715-7000.  Using your NCDL# and your date of birth, you can access this system and check the status of your license.  Please wait at least five working days before you start checking the system. 

 When you go to the local DMV to get your license reinstated, take two (2) forms of identification, such as a birth certificate, North Carolina ID card, marriage license, or Social Security card.  One document must show your date of birth.  You must also have proof of car insurance (Form DL-123).  If your license has expired while suspended, you will have to complete the written and road tests to get re-licensed.

 Your insurance agent can provide proof of automobile insurance.  Go to your agent and ask for a signed copy of Form DL-123, which states that you do have proper insurance on your car. 

 If your circumstances require you to use an Ignition Interlock device, you must show proof of installation before relicensing. 

5.  OTHER CONSIDERATIONS

Other DWI-related Charges:  Aid and Abet Driving While Impaired and Impaired Supervision are DWI-Related charges that require the same assessment and treatment considerations as if the were DWIs.  If convicted, they will appear on your driving history as "Driving While Impaired."

Multiple Offenses:  If you have more than one offense which requires clearing with the DMV, a Form 508 must be completed, submitted and approved for each offense.  This can happen with multiple DWI charges, Driving While License Revoked (DWLR), or conviction of both DWI and Driving After Consuming While Under 21 at a single offense.  A DWLR following a DWI can require a Form 508 for clearance since December 1, 2006.

North Carolina General Statute 122C-142.1 requires a fee of $100 be charged for each additional Form 508 needed. 

Restoration Fees:  The regular fee for license restoration after a DWI suspension is $142.50.  An additional fee is charged for the replacement of the physical license, either as a duplicate or as a new license (if your license expired while suspended).    These fees can be paid at the local DMV, or you may mail the fees to the DMV office in Raleigh.  You will need proof of insurance.  

Other Fees:  Any outstanding fees due to the court stemming from court costs and fines must also be paid before a license can be restored.  If you did not surrender your license to the Court when you were ordered to do so, there will be an additional service fee.  The local DMV office can tell you what monies are due. 

Hearings:  If your circumstances require a DMV hearing be held before license restoration, all recommendations for education/treatment must be complete and approved, and all restoration fees and court costs must be paid, before the DMV will schedule a hearing. Call 1-800-715-7000 t set up a hearing.  

Points:  A DWI conviction adds no points to your driving record, but is counted as twelve (12) points on your insurance.  Insurance points will drop after three or five years from conviction date, depending on your company.  If you’re still pre-trial, keep in mind that insurance rates usually adjust on the policy renewal date, so you can possibly save by renewing your policy before your expected conviction date.

Proof of Insurance:  The FORM DL-123 (Proof of Insurance Coverage) is usually valid for only thirty days.  If in doubt, get a new one. 

Attorney:  The services of an attorney are highly recommended any time you are in a courtroom.     

This Procedure is the work of Richard Wooten at Recovery Dynamics.  Any use or reproduction of this procedure, by anyone in the practice of substance abuse prevention, assessment or treatment, without notice and permission of the author, is a violation of  21 NCAC 68 .0506