§ 20-17.5. Effect of disqualification.
§ 20‑17.5. Effect ofdisqualification.
(a) When NoAccompanying Revocation. A person who is disqualified as the result of aconviction that requires disqualification but not revocation may keep anyregular Class C drivers license the person had at the time of the offenseresulting in disqualification. If the person had a Class A or Class B regulardrivers license or a commercial drivers license when the offense occurred, allof the following apply:
(1) The person must givethe license to the court that convicts the person or, if the person is notpresent when convicted, to the Division.
(2) The person may applyfor a regular Class C drivers license.
(b) When Revocation andDisqualification. When a person is disqualified as the result of a convictionthat requires both disqualification and revocation, all of the following apply:
(1) The person must giveany drivers license the person has to the court that convicts the person or, ifthe person is not present when convicted, to the Division.
(2) The person mayobtain limited driving privileges to drive a noncommercial motor vehicle duringthe revocation period to the extent the law would allow limited drivingprivileges if the person had been driving a noncommercial motor vehicle whenthe offense occurred. The same procedure, eligibility requirements, andmandatory conditions apply to limited driving privileges authorized by thissubdivision that would apply if the person had been driving a noncommercialmotor vehicle when the offense occurred.
(3) If the disqualificationperiod is longer than the revocation period, the person may apply for a regularClass C drivers license at the end of the revocation period.
(c) Refusal to TakeChemical Test. When a person is disqualified for refusing to take a chemical test,all of the following apply:
(1) The person must giveany license the person has to a court, a law enforcement officer, or theDivision, in accordance with G.S. 20‑16.2 and G.S. 20‑16.5.
(2) The person mayobtain limited driving privileges to drive a noncommercial motor vehicle duringthe period the person's license is revoked for the refusal that disqualifiedthe person to the extent the law would allow limited driving privileges if theperson had been driving a noncommercial motor vehicle at the time of therefusal. The same procedure, eligibility requirements, and mandatoryconditions apply to limited driving privileges authorized by this subdivisionthat would apply if the person had been driving a noncommercial motor vehicleat the time of the refusal.
(3) If thedisqualification period is longer than the revocation period, the person mayapply for a regular Class C drivers license at the end of the revocationperiod.
(d) Obtaining Class CRegular License. A person who is authorized by this section to apply for aregular Class C drivers license and who meets all of the following criteria mayobtain a regular Class C drivers license without taking a test:
(1) The person must havehad a Class A or Class B regular drivers license or a commercial driverslicense when the person was disqualified.
(2) The person's licensemust have been issued by the Division.
(3) The person's licensemust not have expired by the date the person applies for a regular Class Cdrivers license.
Upon application and payment ofthe fee set in G.S. 20‑14 for a duplicate license, the Division shallissue a person who meets these criteria a regular Class C drivers license. Thelicense shall include the same endorsements and restrictions as the formerClass A regular, Class B regular, or commercial drivers license, to the extentthey apply to a regular Class C drivers license. A regular Class C driverslicense issued to a person who meets these criteria expires the same day as thelicense it replaces.
G.S. 20‑7 governs theissuance of a regular Class C drivers license to a person who is authorized bythis section to apply for a regular Class C drivers license but who does notmeet the listed criteria. In accordance with that statute, the Division mayrequire the person to take a test and the person must pay the license fee.
(e) Restoration Fee. A person who is disqualified must pay the restoration fee set in G.S. 20‑7(i1)the first time any of the following events occurs as a result of the samedisqualification:
(1) The Divisionreinstates a Class A regular drivers license, a Class B regular driverslicense, or a commercial drivers license the person had at the time of thedisqualification by issuing the person a duplicate license.
(2) The Division issuesa Class A regular drivers license, a Class B regular drivers license, or acommercial drivers license to the person.
(3) If the person'slicense was revoked because of the conviction or act requiringdisqualification, the Division issues a regular Class C drivers license to theperson.
The restoration fee does notapply the second time any of these events occurs as a result of the samedisqualification. (1991, c. 726, s. 9.)