Legal Question in DUI Law in North Carolina

Is the statue of limitations 7 years for a DUI driving offense in North Carolina? If so can you get your license back after the 7 years are up?

Asked on 9/22/12, 10:54 am

2 Answers from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

This is a confusing topic. If you have not been charged after two years the Statute of limitations runs, and the State cannot charge you. However if you are properly charged, but fail to appear, this tolls the Statute of Limitations indefinitely. If you have failed to appear on a case you remain revoked forever until you appear in court and face the charge.

If you are, instead, asking about the time that your licence is revoked for a conviction, it is complicated and depends upon many factors. You must complete all terms of the sentence and complete an alcohol treatment course. The counselor must send in a form 508 to the DMV. If you have multiple DWI convictions the revocation can roll all the way to "Permanent"

But "Permanent" does not mean permanent, it is just a status which indicates that you will never get your license (even after 7 years) until you request a hearing at the DMV and win that hearing.

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Answered on 9/22/12, 12:36 pm

Amanda Houser The Houser Law Firm, P.C.

No, the statute of limitations for a DWI (North Carolina does not have DUI) is not seven years. A statute of limitations sets the period of time in which the state has to charge you. However, I suspect this is not the question you intended to ask. Most likely you have already been charged and convicted of DWI and are now wondering when you can get you license back. If that is the case, you did not provide enough information to answer. The emminent Mr. Dummit is correct when he says that is a complicated issue and depends on may factors.

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Answered on 9/22/12, 9:54 pm

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