§ 20-19. Period of suspension or revocation; conditions of restoration.
§ 20‑19. Period ofsuspension or revocation; conditions of restoration.
(a) When a license issuspended under subdivision (8) or (9) of G.S. 20‑16(a), the period ofsuspension shall be in the discretion of the Division and for such time as itdeems best for public safety but shall not exceed six months.
(b) When a license issuspended under subdivision (10) of G.S. 20‑16(a), the period ofsuspension shall be in the discretion of the Division and for such time as itdeems best for public safety but shall not exceed a period of 12 months.
(c) When a license issuspended under any other provision of this Article which does not specificallyprovide a period of suspension, the period of suspension shall be not more thanone year.
(c1) When a license isrevoked under subdivision (2) of G.S. 20‑17, and the period of revocationis not determined by subsection (d) or (e) of this section, the period ofrevocation is one year.
(c2) When a license issuspended under G.S. 20‑17(a)(14), the period of revocation for a firstconviction shall be for 10 days. For a second or subsequent conviction asdefined in G.S. 20‑138.2B(d), the period of revocation shall be one year.
(c3) (Effective untilDecember 1, 2014) Restriction; Revocations. When the Division restores aperson's drivers license which was revoked pursuant to G.S. 20‑13.2 (a),G.S. 20‑23 when the offense involved impaired driving, G.S. 20‑23.2,subdivision (2) of G.S. 20‑17(a), subdivision (1) or (9) of G.S. 20‑17(a)when the offense involved impaired driving, G.S. 20‑138.5(d), or thissubsection, in addition to any other restriction or condition, it shall placethe applicable restriction on the person's drivers license as follows:
(1) For the firstrestoration of a drivers license for a person convicted of driving whileimpaired, G.S. 20‑138.1, or a drivers license revoked pursuant to G.S. 20‑23or G.S. 20‑23.2 when the offense for which the person's license wasrevoked prohibits substantially similar conduct which if committed in thisState would result in a conviction of driving while impaired under G.S. 20‑138.1,that the person not operate a vehicle with an alcohol concentration of 0.04 ormore at any relevant time after the driving;
(2) For the second orsubsequent restoration of a drivers license for a person convicted of drivingwhile impaired, G.S. 20‑138.1, or a drivers license revoked pursuant toG.S. 20‑23 or G.S. 20‑23.2 when the offense for which the person'slicense was revoked prohibits substantially similar conduct which if committedin this State would result in a conviction of driving while impaired under G.S.20‑138.1, that the person not operate a vehicle with an alcoholconcentration greater than 0.00 at any relevant time after the driving;
(3) For any restorationof a drivers license for a person convicted of driving while impaired in acommercial motor vehicle, G.S. 20‑138.2, habitual impaired driving, G.S.20‑138.5, driving while less than 21 years old after consuming alcohol ordrugs, G.S. 20‑138.3, felony death by vehicle, G.S. 20‑141.4(a1),manslaughter or negligent homicide resulting from the operation of a motorvehicle when the offense involved impaired driving, or a revocation under thissubsection, that the person not operate a vehicle with an alcohol concentrationof greater than 0.00 at any relevant time after the driving;
(4) For any restorationof a drivers license revoked pursuant to G.S. 20‑23 or G.S. 20‑23.2when the offense for which the person's license was revoked prohibitssubstantially similar conduct which if committed in this State would result ina conviction of driving while impaired in a commercial motor vehicle, G.S. 20‑138.2,driving while less than 21 years old after consuming alcohol or drugs, G.S. 20‑138.3,a violation of G.S. 20‑141.4, or manslaughter or negligent homicideresulting from the operation of a motor vehicle when the offense involvedimpaired driving, that the person not operate vehicle with an alcoholconcentration of greater than 0.00 at any relevant time after the driving.
In addition, the personseeking restoration of a license must agree to submit to a chemical analysis inaccordance with G.S. 20‑16.2 at the request of a law enforcement officerwho has reasonable grounds to believe the person is operating a motor vehicleon a highway or public vehicular area in violation of the restriction specifiedin this subsection. The person must also agree that, when requested by a lawenforcement officer, the person will agree to be transported by the lawenforcement officer to the place where chemical analysis is to be administered.
The restrictions placed on alicense under this subsection shall be in effect (i) seven years from the dateof restoration if the person's license was permanently revoked, (ii) until theperson's twenty‑first birthday if the revocation was for a convictionunder G.S. 20‑138.3, and (iii) three years in all other cases.
A law enforcement officer whohas reasonable grounds to believe that a person has violated a restrictionplaced on the person's drivers license shall complete an affidavit pursuant toG.S. 20‑16.2(c1). On the basis of information reported pursuant to G.S.20‑16.2, the Division shall revoke the drivers license of any person whoviolates a condition of reinstatement imposed under this subsection. An alcoholconcentration report from an ignition interlock system shall not be used as thebasis for revocation under this subsection. A violation of a restrictionimposed under this subsection or the willful refusal to submit to a chemicalanalysis shall result in a one‑year revocation. If the period ofrevocation was imposed pursuant to subsection (d) or (e), or G.S. 20‑138.5(d),any remaining period of the original revocation, prior to its reduction, shallbe reinstated and the one‑year revocation begins after all other periodsof revocation have terminated.
(c3) (EffectiveDecember 1, 2014) Restriction; Revocations. When the Division restores aperson's drivers license which was revoked pursuant to G.S. 20‑13.2(a),G.S. 20‑23 when the offense involved impaired driving, G.S. 20‑23.2,subdivision (2) of G.S. 20‑17(a), subdivision (1) or (9) of G.S. 20‑17(a)when the offense involved impaired driving, or this subsection, in addition toany other restriction or condition, it shall place the applicable restrictionon the person's drivers license as follows:
(1) For the firstrestoration of a drivers license for a person convicted of driving whileimpaired, G.S. 20‑138.1, or a drivers license revoked pursuant to G.S. 20‑23or G.S. 20‑23.2 when the offense for which the person's license was revokedprohibits substantially similar conduct which if committed in this State wouldresult in a conviction of driving while impaired under G.S. 20‑138.1,that the person not operate a vehicle with an alcohol concentration of 0.04 ormore at any relevant time after the driving;
(2) For the second orsubsequent restoration of a drivers license for a person convicted of drivingwhile impaired, G.S. 20‑138.1, or a drivers license revoked pursuant toG.S. 20‑23 or G.S. 20‑23.2 when the offense for which the person'slicense was revoked prohibits substantially similar conduct which if committedin this State would result in a conviction of driving while impaired under G.S.20‑138.1, that the person not operate a vehicle with an alcoholconcentration greater than 0.00 at any relevant time after the driving;
(3) For any restorationof a drivers license for a person convicted of driving while impaired in acommercial motor vehicle, G.S. 20‑138.2, driving while less than 21 yearsold after consuming alcohol or drugs, G.S. 20‑138.3, felony death byvehicle, G.S. 20‑141.4(a1), manslaughter or negligent homicide resultingfrom the operation of a motor vehicle when the offense involved impaireddriving, or a revocation under this subsection, that the person not operate avehicle with an alcohol concentration of greater than 0.00 at any relevant timeafter the driving;
(4) For any restorationof a drivers license revoked pursuant to G.S. 20‑23 or G.S. 20‑23.2when the offense for which the person's license was revoked prohibitssubstantially similar conduct which if committed in this State would result ina conviction of driving while impaired in a commercial motor vehicle, G.S. 20‑138.2,driving while less than 21 years old after consuming alcohol or drugs, G.S. 20‑138.3,a violation of G.S. 20‑141.4, or manslaughter or negligent homicideresulting from the operation of a motor vehicle when the offense involvedimpaired driving, that the person not operate vehicle with an alcoholconcentration of greater than 0.00 at any relevant time after the driving.
In addition, the personseeking restoration of a license must agree to submit to a chemical analysis inaccordance with G.S. 20‑16.2 at the request of a law enforcement officerwho has reasonable grounds to believe the person is operating a motor vehicleon a highway or public vehicular area in violation of the restriction specifiedin this subsection. The person must also agree that, when requested by a lawenforcement officer, the person will agree to be transported by the lawenforcement officer to the place where chemical analysis is to be administered.
The restrictions placed on alicense under this subsection shall be in effect (i) seven years from the dateof restoration if the person's license was permanently revoked, (ii) until theperson's twenty‑first birthday if the revocation was for a convictionunder G.S. 20‑138.3, and (iii) three years in all other cases.
A law enforcement officer whohas reasonable grounds to believe that a person has violated a restriction placedon the person's drivers license shall complete an affidavit pursuant to G.S. 20‑16.2(c1).On the basis of information reported pursuant to G.S. 20‑16.2, theDivision shall revoke the drivers license of any person who violates acondition of reinstatement imposed under this subsection. An alcoholconcentration report from an ignition interlock system shall not be used as thebasis for revocation under this subsection. A violation of a restrictionimposed under this subsection or the willful refusal to submit to a chemicalanalysis shall result in a one‑year revocation. If the period ofrevocation was imposed pursuant to subsection (d) or (e), any remaining periodof the original revocation, prior to its reduction, shall be reinstated and theone‑year revocation begins after all other periods of revocation haveterminated.
(c4) ApplicableProcedures. When a person has violated a condition of restoration by refusinga chemical analysis, the notice and hearing procedures of G.S. 20‑16.2apply. When a person has submitted to a chemical analysis and the results showa violation of the alcohol concentration restriction, the notification andhearing procedures of this section apply.
(c5) Right to HearingBefore Division; Issues. Upon receipt of a properly executed affidavitrequired by G.S. 20‑16.2(c1), the Division must expeditiously notify theperson charged that the person's license to drive is revoked for the period oftime specified in this section, effective on the tenth calendar day after themailing of the revocation order unless, before the effective date of the order,the person requests in writing a hearing before the Division. Except for thetime referred to in G.S. 20‑16.5, if the person shows to the satisfactionof the Division that the person's license was surrendered to the court andremained in the court's possession, then the Division shall credit the amountof time for which the license was in the possession of the court against therevocation period required by this section. If the person properly requests ahearing, the person retains the person's license, unless it is revoked undersome other provision of law, until the hearing is held, the person withdrawsthe request, or the person fails to appear at a scheduled hearing. The hearingofficer may subpoena any witnesses or documents that the hearing officer deemsnecessary. The person may request the hearing officer to subpoena the chargingofficer, the chemical analyst, or both to appear at the hearing if the personmakes the request in writing at least three days before the hearing. The personmay subpoena any other witness whom the person deems necessary, and theprovisions of G.S. 1A‑1, Rule 45, apply to the issuance and service ofall subpoenas issued under the authority of this section. The hearing officeris authorized to administer oaths to witnesses appearing at the hearing. Thehearing must be conducted in the county where the charge was brought, and mustbe limited to consideration of whether:
(1) The charging officerhad reasonable grounds to believe that the person had violated the alcoholconcentration restriction;
(2) The person wasnotified of the person's rights as required by G.S. 20‑16.2(a);
(3) The drivers licenseof the person had an alcohol concentration restriction; and
(4) The person submittedto a chemical analysis upon the request of the charging officer, and theanalysis revealed an alcohol concentration in excess of the restriction on theperson's drivers license.
If the Division finds that theconditions specified in this subsection are met, it must order the revocationsustained. If the Division finds that any of the conditions (1), (2), (3), or(4) is not met, it must rescind the revocation. If the revocation is sustained,the person must surrender the person's license immediately upon notification bythe Division.
(c6) Appeal to Court. Thereis no right to appeal the decision of the Division. However, if the personproperly requested a hearing before the Division under subsection (c5) and theDivision held such a hearing, the person may within 30 days of the date theDivision's decision is mailed to the person, petition the superior court of thecounty in which the hearing took place for discretionary review on the recordof the revocation. The superior court may stay the imposition of the revocationonly if the court finds that the person is likely to succeed on the merits ofthe case and will suffer irreparable harm if such a stay is not granted. Thestay shall not exceed 30 days. The reviewing court shall review the record onlyand shall be limited to determining if the Division hearing officer followedproper procedures and if the hearing officer made sufficient findings of factto support the revocation. There shall be no further appeal.
(d) When a person'slicense is revoked under (i) G.S. 20‑17(a)(2) and the person has anotheroffense involving impaired driving for which he has been convicted, whichoffense occurred within three years immediately preceding the date of theoffense for which his license is being revoked, or (ii) G.S. 20‑17(a)(9)due to a violation of G.S. 20‑141.4(a3), the period of revocation is fouryears, and this period may be reduced only as provided in this section. TheDivision may conditionally restore the person's license after it has been revokedfor at least two years under this subsection if he provides the Division withsatisfactory proof that:
(1) He has not in theperiod of revocation been convicted in North Carolina or any other state orfederal jurisdiction of a motor vehicle offense, an alcoholic beverage controllaw offense, a drug law offense, or any other criminal offense involving thepossession or consumption of alcohol or drugs; and
(2) He is not currentlyan excessive user of alcohol, drugs, or prescription drugs, or unlawfully usingany controlled substance. The person may voluntarily submit themselves tocontinuous alcohol monitoring for the purpose of proving abstinence fromalcohol consumption during a period of revocation immediately prior to therestoration consideration.
a. Monitoring periodsof 120 days or longer shall be accepted by the Division as evidence ofabstinence if the Division receives sufficient documentation that reflects thatthe person abstained from alcohol use during the monitoring period.
b. The continuousalcohol monitoring system shall be a system approved under G.S. 15A‑1343.3.
c. The Division mayestablish guidelines for the acceptance of evidence of abstinence under thissubdivision.
If the Division restores theperson's license, it may place reasonable conditions or restrictions on theperson for the duration of the original revocation period.
(e) When a person'slicense is revoked under (i) G.S. 20‑17(a)(2) and the person has two ormore previous offenses involving impaired driving for which the person has beenconvicted, and the most recent offense occurred within the five yearsimmediately preceding the date of the offense for which the person's license isbeing revoked, or (ii) G.S. 20‑17(a)(9) due to a violation of G.S. 20‑141.4(a4),the revocation is permanent.
(e1) Notwithstandingsubsection (e) of this section, the Division may conditionally restore thelicense of a person to whom subsection (e) applies after it has been revokedfor at least three years under subsection (e) if the person provides theDivision with satisfactory proof of all of the following:
(1) In the three yearsimmediately preceding the person's application for a restored license, theperson has not been convicted in North Carolina or in any other state orfederal court of a motor vehicle offense, an alcohol beverage control lawoffense, a drug law offense, or any criminal offense involving the consumptionof alcohol or drugs.
(2) The person is notcurrently an excessive user of alcohol, drugs, or prescription drugs, orunlawfully using any controlled substance. The person may voluntarily submitthemselves to continuous alcohol monitoring for the purpose of provingabstinence from alcohol consumption during a period of revocation immediatelyprior to the restoration consideration.
a. Monitoring periodsof 120 days or longer shall be accepted by the Division as evidence ofabstinence if the Division receives sufficient documentation that reflects thatthe person abstained from alcohol use during the monitoring period.
b. The continuousalcohol monitoring system shall be a system approved under G.S. 15A‑1343.3.
c. The Division mayestablish guidelines for the acceptance of evidence of abstinence under thissubdivision.
(e2) Notwithstandingsubsection (e) of this section, the Division may conditionally restore thelicense of a person to whom subsection (e) applies after it has been revokedfor at least 24 months under G.S. 20‑17(a)(2) if the person provides theDivision with satisfactory proof of all of the following:
(1) The person has notconsumed any alcohol for the 12 months preceding the restoration while beingmonitored by a continuous alcohol monitoring device of a type approved by theDepartment of Correction.
(2) The person has notin the period of revocation been convicted in North Carolina or any other stateor federal jurisdiction of a motor vehicle offense, an alcoholic beveragecontrol law offense, a drug law offense, or any other criminal offenseinvolving the possession or consumption of alcohol or drugs.
(3) The person is notcurrently an excessive user of drugs or prescription drugs.
(4) The person is notunlawfully using any controlled substance.
(e3) (Effective untilDecember 1, 2014) If the Division restores a person's license undersubsection (e1), (e2), or (e4) of this section, it may place reasonableconditions or restrictions on the person for any period up to five years fromthe date of restoration.
(e3) (EffectiveDecember 1, 2014) If the Division restores a person's license undersubsection (e1) or (e2) of this section, it may place reasonable conditions orrestrictions on the person for any period up to five years from the date ofrestoration.
(e4) (Expires December1, 2014) When a person's license is revoked under G.S. 20‑138.5(d),the Division may conditionally restore the license of that person after it hasbeen revoked for at least 10 years after the completion of any sentence imposedby the court, if the person provides the Division with satisfactory proof ofall of the following:
(1) In the 10 yearsimmediately preceding the person's application for a restored license, theperson has not been convicted in North Carolina or in any other state orfederal court of a motor vehicle offense, an alcohol beverage control lawoffense, a drug law offense, or any other criminal offense.
(2) The person is notcurrently a user of alcohol, unlawfully using any controlled substance, or anexcessive user of prescription drugs.
(f) When a license isrevoked under any other provision of this Article which does not specificallyprovide a period of revocation, the period of revocation shall be one year.
(g) When a license issuspended under subdivision (11) of G.S. 20‑16(a), the period ofsuspension shall be for a period of time not in excess of the period ofnonoperation imposed by the court as a condition of the suspended sentence;further, in such case, it shall not be necessary to comply with the MotorVehicle Safety and Financial Responsibility Act in order to have such licensereturned at the expiration of the suspension period.
(g1) When a license isrevoked under subdivision (12) of G.S. 20‑17, the period of revocation issix months for conviction of a second offense and one year for conviction of athird or subsequent offense.
(g2) When a license isrevoked under G.S. 20‑17(a)(16), the period of revocation is 90 days fora second conviction and six months for a third or subsequent conviction. Theterm "second or subsequent conviction" shall have the same meaning asfound in G.S. 20‑17(a)(16).
(h) Repealed by SessionLaws 1983, c. 435, s. 17.
(i) (Forapplicability, see Editor's note) When a person's license is revoked underG.S. 20‑17(a)(1) or G.S. 20‑17(a)(9), and the offense is oneinvolving impaired driving and a fatality, the revocation is permanent. TheDivision may, however, conditionally restore the person's license after it hasbeen revoked for at least five years under this subsection if he provides theDivision with satisfactory proof that:
(1) In the five yearsimmediately preceding the person's application for a restored license, he hasnot been convicted in North Carolina or in any other state or federal court ofa motor vehicle offense, an alcohol beverage control law offense, a drug lawoffense, or any criminal offense involving the consumption of alcohol or drugs;and
(2) He is not currentlyan excessive user of alcohol or drugs.
If the Division restores theperson's license, it may place reasonable conditions or restrictions on theperson for any period up to seven years from the date of restoration.
(j) The Division isauthorized to issue amended revocation orders issued under subsections (d) and(e), if necessary because convictions do not respectively occur in the sameorder as offenses for which the license may be revoked under those subsections.
(k) (Effective untilDecember 1, 2014) Before the Division restores a driver's license that hasbeen suspended or revoked under G.S. 20‑138.5(d), or under any provisionof this Article, other than G.S. 20‑24.1, the person seeking to have hisdriver's license restored shall submit to the Division proof that he hasnotified his insurance agent or company of his seeking the restoration and thathe is financially responsible. Proof of financial responsibility shall be inone of the following forms:
(1) A written certificateor electronically‑transmitted facsimile thereof from any insurancecarrier duly authorized to do business in this State certifying that there isin effect a nonfleet private passenger motor vehicle liability policy for thebenefit of the person required to furnish proof of financial responsibility.The certificate or facsimile shall state the effective date and expiration dateof the nonfleet private passenger motor vehicle liability policy and shallstate the date that the certificate or facsimile is issued. The certificate orfacsimile shall remain effective proof of financial responsibility for a periodof 30 consecutive days following the date the certificate or facsimile isissued but shall not in and of itself constitute a binder or policy of insuranceor
(2) A binder for orpolicy of nonfleet private passenger motor vehicle liability insurance underwhich the applicant is insured, provided that the binder or policy states theeffective date and expiration date of the nonfleet private passenger motorvehicle liability policy.
The preceding provisions ofthis subsection do not apply to applicants who do not own currently registeredmotor vehicles and who do not operate nonfleet private passenger motor vehiclesthat are owned by other persons and that are not insured under commercial motorvehicle liability insurance policies. In such cases, the applicant shall sign awritten certificate to that effect. Such certificate shall be furnished by theDivision and may be incorporated into the restoration application form. Anymaterial misrepresentation made by such person on such certificate shall begrounds for suspension of that person's license for a period of 90 days.
For the purposes of thissubsection, the term "nonfleet private passenger motor vehicle" hasthe definition ascribed to it in Article 40 of General Statute Chapter 58.
The Commissioner may requirethat certificates required by this subsection be on a form approved by theCommissioner. The financial responsibility required by this subsection shall bekept in effect for not less than three years after the date that the license isrestored. Failure to maintain financial responsibility as required by thissubsection shall be grounds for suspending the restored driver's license for aperiod of thirty (30) days. Nothing in this subsection precludes any personfrom showing proof of financial responsibility in any other manner authorizedby Articles 9A and 13 of this Chapter.
(k) (EffectiveDecember 1, 2014) Before the Division restores a driver's license that hasbeen suspended or revoked under any provision of this Article, other than G.S.20‑24.1, the person seeking to have his driver's license restored shallsubmit to the Division proof that he has notified his insurance agent orcompany of his seeking the restoration and that he is financially responsible.Proof of financial responsibility shall be in one of the following forms:
(1) A writtencertificate or electronically‑transmitted facsimile thereof from anyinsurance carrier duly authorized to do business in this State certifying thatthere is in effect a nonfleet private passenger motor vehicle liability policyfor the benefit of the person required to furnish proof of financialresponsibility. The certificate or facsimile shall state the effective date andexpiration date of the nonfleet private passenger motor vehicle liabilitypolicy and shall state the date that the certificate or facsimile is issued.The certificate or facsimile shall remain effective proof of financialresponsibility for a period of 30 consecutive days following the date thecertificate or facsimile is issued but shall not in and of itself constitute abinder or policy of insurance or
(2) A binder for orpolicy of nonfleet private passenger motor vehicle liability insurance underwhich the applicant is insured, provided that the binder or policy states theeffective date and expiration date of the nonfleet private passenger motorvehicle liability policy.
The preceding provisions ofthis subsection do not apply to applicants who do not own currently registeredmotor vehicles and who do not operate nonfleet private passenger motor vehiclesthat are owned by other persons and that are not insured under commercial motorvehicle liability insurance policies. In such cases, the applicant shall sign awritten certificate to that effect. Such certificate shall be furnished by theDivision and may be incorporated into the restoration application form. Anymaterial misrepresentation made by such person on such certificate shall begrounds for suspension of that person's license for a period of 90 days.
For the purposes of thissubsection, the term "nonfleet private passenger motor vehicle" hasthe definition ascribed to it in Article 40 of General Statute Chapter 58.
The Commissioner may requirethat certificates required by this subsection be on a form approved by theCommissioner. The financial responsibility required by this subsection shall bekept in effect for not less than three years after the date that the license isrestored. Failure to maintain financial responsibility as required by thissubsection shall be grounds for suspending the restored driver's license for aperiod of thirty (30) days. Nothing in this subsection precludes any personfrom showing proof of financial responsibility in any other manner authorizedby Articles 9A and 13 of this Chapter. (1935, c. 52, s. 13; 1947, c. 1067, s. 15; 1951, c.1202, ss. 2‑4; 1953, c. 1138; 1955, c. 1187, ss. 13, 17, 18; 1957, c.499, s. 2; c. 515, s. 1; 1959, c. 1264, s. 11A; 1969, c. 242; 1971, c. 619, ss.8‑10; 1973, c. 1445, ss. 1‑4; 1975, c. 716, s. 5; 1979, c. 903, ss.4‑6; 1981, c. 412, s. 4; c. 747, ss. 34, 66; 1983, c. 435, s. 17; 1983(Reg. Sess., 1984), c. 1101, s. 18; 1987, c. 869, s. 12; 1987 (Reg. Sess.,1988), c. 1112; 1989, c. 436, s. 5; c. 771, s. 18; 1995, c. 506, s. 8; 1998‑182,s. 21; 1999‑406, s. 2; 1999‑452, ss. 11, 12; 2000‑140, ss. 3,4; 2000‑155, s. 6; 2001‑352, s. 4; 2007‑165, ss. 1(a), (b);2007‑493, ss. 11‑14; 2008‑187, s. 9; 2009‑99, s. 1;2009‑369, ss. 1‑4; 2009‑500, ss. 1, 2.)