The License Revocation that Immediately Follows Arrest for DWI

I spent much of the afternoon teaching magistrates, and one of the topics we covered was the immediate license revocation that often is ordered upon a person’s arrest for impaired driving. G.S. 20-16.5 provides that a person’s driver’s license is subject to revocation if the following four criteria are satisfied: A law enforcement officer has reasonable grounds to believe the person has committed an implied consent offense; The person is charged with that offense; The law enforcement officer and the chemical analyst comply with the provisions of G.S. 20-16.2 and G.S. 20-139.1 in requiring that the person submit to or procuring a chemical analysis; and The person (a) willfully refuses to submit to the chemical analysis; (b) has an alcohol concentration of 0.08 or more within a relevant time after the driving; (c) has an alcohol concentration of 0.04 or more at any relevant time after driving a commercial motor vehicle; or (d) has any alcohol concentration at any relevant time after the driving and the person is under 21. Revocation report. When these criteria are met at the time of the person’s initial appearance on the implied consent charge, a law enforcement officer must execute a revocation report (AOC-CVR-1A) before the magistrate conducting the initial appearance. The magistrate then determines whether there is probable cause to believe that each of the criteria is met. If she determines that there is, she must enter an order (AOC-CVR-2) revoking the person’s driver’s license. These revocations are commonly referred to as “civil license [...]