A DWI arrest can affect your license before your first court date. If you were arrested in Forsyth, Davie, Davidson, or Guilford County, call us. We help you understand what happens next, handle the criminal case in court, and explain the license deadlines that apply. If you qualify, we help you petition the court for a limited driving privilege.
You may have as few as 10 days to act on your license.
Your license may be affected before your first court date. If you were just arrested for DWI in North Carolina, these are the steps that matter most in the first 10 days.
STEP 01
If your license was civilly revoked because of a BAC of 0.08% or higher, or because of a chemical test refusal, you may not be able to drive during the first 10 days. Driving during that period can be charged as a separate offense.
STEP 02
You may have 10 calendar days from your arrest to challenge the 30-day civil revocation of your license. If you refused chemical testing, you may also have 10 days to request a DMV hearing to contest a separate 1-year revocation.
STEP 03
A certified assessment from a state-licensed facility is usually required before you can qualify for a limited driving privilege on day 11.
STEP 04
Do not talk through the details with law enforcement, prosecutors, or anyone else before speaking with an attorney.
Arrested for DWI in the Triad?
Call us before the 10 day deadline.
You may have as few as 10 days to act on your license
When you call about a DWI, you reach an attorney who handles these cases directly. We explain what you are charged with and what each option means, so you can decide your next step with a clear picture. We know the local courts where your case is heard, and we keep you informed as the case moves forward.
A DWI case moves on two tracks at once: the criminal charge in court and the license consequences that can start before your first court date. We handle the court case and explain the license deadlines that affect what you can do next.
We start by listening to what happened, then we compare that against the evidence. We look at the traffic stop, the officer’s reason for the arrest, the breath or blood testing, the paperwork, the deadlines, and the facts that may affect sentencing or license eligibility.
If something was done wrong, we identify it and make it part of your defense. If a license deadline is coming up, we explain what it means and what steps may be required. If you qualify for a limited driving privilege, we help you petition the court. If the court case needs to be negotiated, we explain what the options mean before you make a decision.
DWI and criminal cases here are handled by attorneys with courtroom experience on both sides of these cases. That includes attorney Lynn Gullett, a retired Superior Court judge who served more than 16 years as an Assistant District Attorney and 8 years as a District Court judge.
Having seen impaired driving cases from the prosecution table and from the bench, she understands how the evidence is built and where it can be challenged. We use that perspective to review your stop, your testing, and your options, and to explain what each choice means before you decide.
A DWI arrest creates two separate problems at the same time. One is the criminal charge in court, which we handle. The other is the license process with the DMV, which runs on its own deadlines, and the outcome of one does not automatically decide the other. We explain what the license side requires and when, and we help you petition the court for a limited driving privilege when you qualify
Your criminal DWI charge is prosecuted in District Court under N.C.G.S. 20-138.1. The state must prove that you drove a vehicle on a highway, street, or public vehicular area while impaired by an impairing substance or with a blood alcohol concentration of 0.08% or higher.
North Carolina does not use its standard Structured Sentencing Act for DWI. Instead, DWI sentencing operates under its own mandatory framework (N.C.G.S. 20-179) with six levels determined by grossly aggravating, aggravating, and mitigating factors.
Under N.C.G.S. 20-16.5, your license is automatically revoked for 30 days if your BAC is 0.08% or higher, or if you refused chemical testing. This revocation is immediate and separate from the criminal case.
The 30-day timeline works like this:
Days 1 through 10:
If the civil revocation applies, you generally cannot drive during this period.
Days 11
You may petition a District Court judge for a pretrial Limited Driving Privilege (LDP) for the remaining 20 days. You will need a substance abuse assessment, a certified driving record, a DL-123 insurance form, and a $100 civil restoration filing fee.
Days 31
The revocation does not automatically expire. You must go to the Clerk of Court in the county where you were arrested, pay a $100 civil restoration fee, and reinstate your license.
What we handle on the license side
We handle the criminal case, explain the license deadlines that apply, and help you petition the court for a limited driving privilege if you qualify. License restoration and ignition interlock steps are generally completed by the client. We explain how those steps relate to the DWI case and what to expect.
Refusing the breathalyzer creates a separate license problem with its own 10-day deadline, and we treat it as urgent from the first call.
Under N.C.G.S. 20-16.2, anyone driving on North Carolina roads has given implied consent to chemical testing (breath, blood, or urine) when charged with an impaired driving offense
If you refused the breathalyzer at traffic stop or station, the DMV will impose an automatic 1-year license revocation. This is a separate action from the 30-day civil revocation and from the criminal case.
To contest the 1-year revocation, a written hearing request must be filed with the DMV within 10 days. Filing the request postpones the suspension, so you can keep driving until a formal hearing is held, which is limited to four issues: whether the officer had reasonable grounds, whether you were lawfully charged, whether you were properly advised of your implied consent rights, and whether you willfully refused.
Which sentencing level applies depends on specific factors in your case. We work to document mitigating factors, challengeaggravating ones, and explain how those issues may affect sentencing.
North Carolina DWI penalties are determined by a sentencing hearing after conviction. The judge weighs grossly aggravating, aggravating, and mitigating factors to assign one of six sentencing levels.
These carry the most weight and trigger mandatory jail time
A prior DWI conviction within the past 7 years
Driving on a license revoked for a prior DWI
A child under 18 or a person with a mental disability in the vehicle
Causing serious injury to another person
12 to 36 months active confinement. No parole. Fine up to $10,000. Minimum 120 days in jail even with probation.
30 days to 24 months. Fine up to $4,000. Minimum 30 days active jail (can reduce to 10 days with 120 days of continuous alcohol monitoring).
7 days to 12 months. Fine up to $2,000. Minimum 7 days active jail that cannot be suspended.
72 hours to 6 months. Fine up to $1,000. Jail can be suspended with 72 hours of community service.
48 hours to 120 days. Fine up to $500. Jail can be suspended with 48 hours of community service.
24 hours to 60 days. Fine up to $200. Jail can be suspended with 24 hours of community service.
Talk to a DWI defense attorney today.
Free initial consultation, we'll explain your two cases and your deadlines.
Part of handling a DWI case honestly is being clear about what the law does not allow
North Carolina law does not allow a Prayer for Judgment Continued, often called a PJC, for DWI offenses.
DWI convictions are permanently excluded from North Carolina’s expungement statutes. A DWI conviction stays on your criminal record for life.
The 30-day civil revocation and the 1-year refusal revocation are administrative actions handled by the DMV. They proceed independently of the criminal case. Missing these deadlines can limit your ability to challenge the DMV consequences, even if the criminal case later has a different outcome.
DWI cases in Forsyth, Davie, Davidson, and Guilford counties do not all move the same way. The courthouse, the law enforcement agency, and the local DMV process can each affect what needs to happen next.
DWI arrests in the Triad frequently occur along Interstate 40 through Forsyth and Davie counties, and Interstate 85 through Guilford and Davidson counties. Law enforcement agencies including the Winston-Salem Police Department, the High Point Police Department, the Davie County Sheriff’s Office, and the North Carolina State Highway Patrol regularly operate checking stations on US-311, Highway 52, and other major routes. Additionally, US-64 is highly monitored in Davidson and Davie Counties by local and State agencies.
Chemical analysis after a traffic stop in Clemmons or Winston-Salem is typically performed at the Forsyth County Law Enforcement Center. Stops in Mocksville are processed at the Davie County Sheriff’s Office, and likewise stops in Lexington are processed at the Davidson County Sheriff’s Office, where magistrates are on-site to issue immediate civil revocations.
We also represent clients arrested in Yadkin, Iredell, and other surrounding counties.
For misdemeanor and felony charges beyond DWI, including assault, drug offenses, theft, and other criminal matters in Forsyth, Davie, Davidson, and Guilford County courts.
For speeding tickets, reckless driving, license points, and insurance concerns. In many cases, we can help handle the court process so you can focus on everything else.
A 30-day civil revocation is an administrative license suspension that may begin soon after a DWI arrest when the legal requirements are met, such as a qualifying BAC result or refusal of chemical testing. If it applies, you may not be able to drive at all for the first 10 days. On day 11, you can apply for a pretrial limited driving privilege for the remaining 20 days.
Yes, for the pretrial period (days 11 through 30 of the civil revocation) and after sentencing at Levels 3, 4, and 5. You must complete a substance abuse assessment, hold a valid license at the time of arrest, and meet other conditions set by the court. If you qualify, we help you petition the court and walk you through what it requires.
The limit is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21.
Your license will be automatically revoked for 12 months by the DMV, regardless of the outcome of the criminal case. You have 10 days to request a hearing to contest this revocation.
Yes. Driving while impaired by any substance, including legally prescribed medications such as painkillers, sleeping aids, or anti-anxiety drugs, is a violation of N.C.G.S. 20-138.1.
No. DWI convictions are permanently excluded from North Carolina’s expungement laws.
CAM is a transdermal ankle bracelet that measures alcohol consumption through the skin. A judge may order CAM as a condition of probation to reduce active jail time for higher-level sentencing.
Under N.C.G.S. 20-17.8, an ignition interlock device may be required if your BAC was 0.15% or higher or if you are a repeat offender. The specific requirements depend on your case and license restoration conditions. We explain how interlock affects your case and your license restoration. The installation and the DMV restoration steps are generally completed by the client.
Habitual Impaired Driving is a Class G felony that may apply when a person is charged with DWI and has three or more prior convictions for impaired-driving-related offenses within 10 years. It carries a mandatory minimum of 12 months active prison time.
The court compares the elements of the out-of-state offense to N.C.G.S. 20-138.1. If it is legally comparable, it will count as a prior conviction for sentencing purposes.
If you were arrested for DWI in Winston-Salem, Clemmons, Mocksville, High Point, or anywhere in the Triad, call us. You may have as few as 10 days to act on your license.
Click here to book a date and time that works for you
Contacting us does not create an attorney-client relationship
