What Is the Penalty for Driving with a Revoked License in North Carolina?

In Traffic by Greensboro Attorney

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What Is the Penalty for Driving with a Revoked License in North Carolina?

Driving with a revoked license is a serious offense in North Carolina, and it can result in severe consequences under state law. Whether your license was revoked due to a DUI, accumulating traffic violations, or failing to appear in court, getting caught driving under these conditions can lead to further penalties. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we frequently answer questions regarding what individuals can expect when facing this charge. Below, we’ll break down the penalties according to North Carolina’s General Statutes and how you can protect yourself if charged.

North Carolina General Statute § 20-28: Driving While License Revoked (DWLR)

In North Carolina, the offense of driving while license revoked (DWLR) is governed by North Carolina General Statute § 20-28, which may also involve license plate impoundment as part of the penalties. This statute outlines the penalties for individuals who operate a vehicle while their license is revoked due to previous violations, and actions may involve coordination with the department of public safety.

The statute distinguishes between different types of license revocations and sets forth specific penalties based on the nature of the revocation. Understanding this statute is key to knowing the potential consequences of driving while your license is revoked in North Carolina. Often driving with a revoked license is coupled with an infraction such as a speeding ticket, and the goal is to reduce the revoked license charge to protect your driving privileges for the future.

Penalties for Driving with a Revoked License Under North Carolina General Statute § 20-28

The penalties for a conviction under N.C.G.S. § 20-28 depend on whether your license was revoked for a standard traffic violation, a DUI-related offense, or other reasons. Here’s a breakdown of the penalties according to the statute:

1. First Offense: Class 3 Misdemeanor

  • Statutory Penalties: A first-time DWLR offense is classified as a Class 3 misdemeanor, but repeated violations could escalate the offense to a gross misdemeanor depending on the circumstances and state laws. According to N.C.G.S. § 20-28(a), individuals convicted of driving with a revoked license can face:
    • Fines: Fines are often imposed at the court’s discretion. While the statute does not mandate a specific amount, you could face a fine of up to $200.
    • Jail Time: For first-time offenders, jail time is not mandatory. However, the statute allows for a sentence of up to 20 days in jail. In many cases, the court may opt for probation or community service instead of jail time.
    • License Revocation Extension: Upon conviction, the court may extend your license revocation for an additional period, delaying the reinstatement of your driving privileges. This can make it even longer before you can legally drive again.

2. Second Offense: Class 2 Misdemeanor

  • Statutory Penalties: For a second DWLR conviction, the penalties become more severe. According to N.C.G.S. § 20-28(a):
    • Fines: Fines may increase with subsequent offenses. The court could impose fines of up to $500.
    • Jail Time: Second offenses can result in a jail sentence of up to 60 days. While probation is still an option, repeat offenders are more likely to face actual jail time.
    • Further License Revocation: The statute mandates that the revocation period be extended again, resulting in the suspension of your driving privileges and further delaying the possibility of reinstating them.

3. Third and Subsequent Offenses: Class 1 Misdemeanor

  • Statutory Penalties: A third or subsequent DWLR offense is classified as a Class 1 misdemeanor under N.C.G.S. § 20-28(a), which carries even harsher penalties:
    • Fines: Fines can increase significantly, potentially up to $1,000.
    • Jail Time: A third or subsequent offense can lead to up to 120 days in jail, with fewer opportunities for probation. The court may impose active jail time, especially for habitual offenders.
    • Permanent Revocation: If you have multiple DWLR convictions, your license could be permanently revoked under this statute. The process of regaining your license becomes significantly more difficult, if not impossible, depending on your criminal record.

4. DWLR Related to Impaired Driving (DUI): Class 1 Misdemeanor

  • Statutory Penalties: Under N.C.G.S. § 20-28(a1), if your license was revoked due to impaired driving (DUI) and you are caught driving, the penalties, including possible cancellation of vehicle insurance, are more severe:
    • Fines: You could face significant fines, which are often higher for DUI-related offenses.
    • Jail Time: Conviction can lead to up to 150 days in jail for a first-time offense. Repeat DUI-related DWLR offenses carry even harsher penalties.
    • Vehicle Seizure: North Carolina law allows for vehicle seizure in certain DUI-related DWLR cases. If you’re caught driving with a revoked license due to a DUI, your vehicle could be impounded or even forfeited.

Consequences Beyond Fines and Jail Time

In addition to the legal penalties and enforcement measures outlined under North Carolina’s General Statutes, a DWLR conviction can have long-lasting effects on other aspects of your life, including:

  • Higher Insurance Rates: A DWLR conviction often leads to higher car insurance premiums. In some cases, your insurer may issue a cancellation of your policy entirely.
  • Difficulty Reinstating Your License: Reinstating your license after multiple DWLR convictions becomes increasingly difficult. You may be required to pay reinstatement fees, complete additional courses, or serve longer revocation periods.
  • Employment Challenges: Many jobs require a valid driver’s license, and a DWLR conviction could jeopardize your employment, particularly if your job involves driving.

Defending Against a DWLR Charge

If you’ve been charged with driving while your license is revoked or have received a citation for this offense, it’s important to act quickly. Here are some steps you can take to improve your situation:

  1. Consult with an Experienced Attorney The attorneys at Garrett, Walker, Aycoth & Olson, Attorneys at Law, have extensive experience handling DWLR cases. We can help you navigate the complexities of the law and build a strong defense to minimize penalties.
  2. Possible Defenses Depending on the details of your case, you may have viable defenses. For example, if you were unaware that your license was revoked or if there was an administrative error, your attorney can help argue these points in court.
  3. Reinstating Your License If possible, work on getting your license reinstated while your case is pending. This proactive step can show the court that you are taking the matter seriously and may result in reduced penalties.
  4. Avoid Further Violations If your license is revoked, avoid driving until you have legally regained your driving privileges. Continuing to drive could result in harsher penalties, including felony charges and vehicle forfeiture.

How Garrett, Walker, Aycoth & Olson Can Help

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand the serious consequences of a DWLR charge. Our experienced attorneys are dedicated to providing strong, effective representation for clients in Greensboro and across North Carolina. We’ll work tirelessly to help you avoid the harshest penalties and move forward with your life.

Contact Us Today

If you or a loved one is facing a DWLR charge, don’t hesitate to reach out to Garrett, Walker, Aycoth & Olson, Attorneys at Law. Contact us today for a free consultation, and let us help you protect your rights and your future.