How Long Is Your License Suspended When Convicted of Underage Drinking and Driving?

If you’re convicted of an underage DWI, your license will be suspended. But for how long? Continue reading this article to learn about the license suspension period for an underage DWI.

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Hey, what’s up, guys? Attorney Derek gray McMinn, Logan & Gray here. We are a criminal law firm located in Winston-Salem, North Carolina, and this is our FAQ series.

So today’s question is going to deal with DWIs or driving while impaired offenses. Specifically, the question is: If you’re convicted of what we call a baby DWI, or underage DWI, in North Carolina, how long will your license be suspended?

Okay, let’s go to the law in North Carolina–that’s going to invoke general statute 20-138.3. And just the long and short of it is if you’re convicted of an underage DWI in North Carolina, your license will be suspended for one year.

Okay, a few quick notes and facts about what we call a baby DWI, or 20-138.3: odor is not enough. Okay, so if you’re under the age of 21, and you’re driving, and you smell like alcohol, the odor of alcohol is not going to be enough to justify a conviction.

However, it will likely be enough for the officer to request you to give a blood or a breath sample in order to see if you actually have alcohol in your bloodstream.

Next, this statute only applies to individuals under the age of 21 at the time of the driving offense. So if you’re under the age of 21, you’re not allowed to have any alcohol in your body within a relevant time of driving. If so, you will be subjected to this statute and could potentially be convicted of it.

And lastly, if you’re convicted, you may be eligible for what’s called a limited driving privilege. Essentially, it’s a restricted driver’s license: you’ll only be able to drive during certain times of the day, certain days of the week, and for certain reasons.

Guys, if you’ve been charged with an underage DWI in North Carolina, please do not hesitate to contact my law firm. I would love to discuss your specific situation with you and what your options may be. Other than that, guys, until next time, I want you to be safe, drive safe, and we’ll talk soon.

If you have more questions or need legal representation, contact a DWI lawyer from McMinn, Logan & Gray. Call us today to schedule a free case review.

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Author Bio

Derek M. Gray

Derek Gray is a Partner of McMinn, Logan & Gray, a North Carolina criminal defense law firm. With more than 15 years of experience in criminal defense, he has zealously represented clients in various legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Derek received his Juris Doctor from the North Carolina Central School of Law in 2007 and is a member of the North Carolina State Bar Association. With his experience as a former Assistant District Attorney, he has represented more than 1,000 criminal defense clients in North Carolina and received more than 100 5-star Google ratings.

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