§ 20-28. Unlawful to drive while license revoked, after notification, or while disqualified.

NORTH CAROLINA STATUTES AND CODES

§ 20-28. Unlawful to drive while license revoked, after notification, or while disqualified.

§ 20‑28. Unlawful todrive while license revoked, after notification, or while disqualified.

(a) Driving WhileLicense Revoked. Except as provided in subsection (a1) of this section, anyperson whose drivers license has been revoked who drives any motor vehicle uponthe highways of the State while the license is revoked is guilty of a Class 1misdemeanor. Upon conviction, the person's license shall be revoked for anadditional period of one year for the first offense, two years for the secondoffense, and permanently for a third or subsequent offense.

The restoree of a revokeddrivers license who operates a motor vehicle upon the highways of the Statewithout maintaining financial responsibility as provided by law shall bepunished as for driving without a license.

(a1) Driving WithoutReclaiming License. A person convicted under subsection (a) shall be punishedas if the person had been convicted of driving without a license under G.S. 20‑35if the person demonstrates to the court that either subdivisions (1) and (2),or subdivision (3) of this subsection is true:

(1) At the time of theoffense, the person's license was revoked solely under G.S. 20‑16.5; and

(2) a. Theoffense occurred more than 45 days after the effective date of a revocationorder issued under G.S. 20‑16.5(f) and the period of revocation was 45days as provided under subdivision (3) of that subsection; or

b. The offense occurredmore than 30 days after the effective date of the revocation order issued underany other provision of G.S. 20‑16.5; or

(3) At the time of theoffense the person had met the requirements of G.S. 50‑13.12, or G.S. 110‑142.2and was eligible for reinstatement of the person's drivers license privilege asprovided therein.

In addition, a person punishedunder this subsection shall be treated for drivers license and insurance ratingpurposes as if the person had been convicted of driving without a license underG.S. 20‑35, and the conviction report sent to the Division must indicatethat the person is to be so treated.

(a2) Driving AfterNotification or Failure to Appear. A person shall be guilty of a Class 1misdemeanor if:

(1) The person operatesa motor vehicle upon a highway while that person's license is revoked for animpaired drivers license revocation after the Division has sent notification inaccordance with G.S. 20‑48; or

(2) The person fails toappear for two years from the date of the charge after being charged with animplied‑consent offense.

Upon conviction, the person'sdrivers license shall be revoked for an additional period of one year for thefirst offense, two years for the second offense, and permanently for a third orsubsequent offense. The restoree of a revoked drivers license who operates amotor vehicle upon the highways of the State without maintaining financialresponsibility as provided by law shall be punished as for driving without alicense.

(b) Repealed by SessionLaws 1993 (Reg. Sess., 1994), c. 761, s. 3.

(1) If revoked undersubsection (a) of this section for one year, the person may apply for a licenseafter 90 days.

(2) If punished undersubsection (a1) of this section and the original revocation was pursuant toG.S. 20‑16.5, in order to obtain reinstatement of a drivers license, theperson must obtain a substance abuse assessment and show proof of financialresponsibility to the Division. If the assessment recommends education ortreatment, the person must complete the education or treatment within the timelimits specified by the Division.

(3) If revoked undersubsection (a2) of this section for one year, the person may apply for alicense after one year.

(4) If revoked underthis section for two years, the person may apply for a license after one year.

(5) If revoked underthis section permanently, the person may apply for a license after three years.

(c1) Upon the filing ofan application the Division may, with or without a hearing, issue a new licenseupon satisfactory proof that the former licensee has not been convicted of amoving violation under this Chapter or the laws of another state, a violationof any provision of the alcoholic beverage laws of this State or another state,or a violation of any provisions of the drug laws of this State or anotherstate when any of these violations occurred during the revocation period.

(c2) The Division mayimpose any restrictions or conditions on the new license that the Divisionconsiders appropriate for the balance of the revocation period. When therevocation period is permanent, the restrictions and conditions imposed by theDivision may not exceed three years.

(c3) A person whoselicense is revoked for violation of subsection (a) of this section where theperson's license was originally revoked for an impaired driving revocation, ora person whose license is revoked for a violation of subsection (a2) of thissection, may only have the license conditionally restored by the Divisionpursuant to the provisions of subsection (c4) of this section.

(c4) For a conditionalrestoration under subsection (c3) of this section, the Division shall requireat a minimum that the driver obtain a substance abuse assessment prior toissuance of a license and show proof of financial responsibility. If thesubstance abuse assessment recommends education or treatment, the person mustcomplete the education or treatment within the time limits specified. If theassessment determines that the person abuses alcohol, the Division shallrequire the person to install and use an ignition interlock system on anyvehicles that are to be driven by that person for the period of time that theconditional restoration is active.

(c5) For licensesconditionally restored pursuant to subsections (c3) and (c4) of this section,the Division shall cancel the license and impose the remaining revocationperiod if any of the following occur:

(1) The person violatesany condition of the restoration.

(2) The person isconvicted of any moving offense in this or another state.

(3) The person isconvicted for a violation of the alcoholic beverage or controlled substancelaws of this or any other state.

(d) Driving WhileDisqualified. A person who was convicted of a violation that disqualified theperson and required the person's drivers license to be revoked who drives amotor vehicle during the revocation period is punishable as provided in theother subsections of this section. A person who has been disqualified whodrives a commercial motor vehicle during the disqualification period is guiltyof a Class 1 misdemeanor and is disqualified for an additional period asfollows:

(1) For a first offenseof driving while disqualified, a person is disqualified for a period equal tothe period for which the person was disqualified when the offense occurred.

(2) For a second offenseof driving while disqualified, a person is disqualified for a period equal totwo times the period for which the person was disqualified when the offenseoccurred.

(3) For a third offenseof driving while disqualified, a person is disqualified for life.

The Division may reduce adisqualification for life under this subsection to 10 years in accordance withthe guidelines adopted under G.S. 20‑17.4(b). A person who drives acommercial motor vehicle while the person is disqualified and the person'sdrivers license is revoked is punishable for both driving while the person'slicense was revoked and driving while disqualified. (1935, c. 52, s. 22; 1945, c.635; 1947, c. 1067, s. 16; 1955, c. 1020, s. 1; c. 1152, s. 18; c. 1187, s. 20;1957, c. 1046; 1959, c. 515; 1967, c. 447; 1973, c. 47, s. 2; cc. 71, 1132;1975, c. 716, s. 5; 1979, c 377, ss. 1, 2; c. 667, s. 41; 1981, c. 412, s. 4;c. 747, s. 66; 1983, c. 51; 1983 (Reg. Sess., 1984), c. 1101, s. 18A; 1989, c.771, s. 4; 1991, c. 509, s. 2; c. 726, s. 12; 1993, c. 539, ss. 320‑322;1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, ss. 2, 3;1995, c. 538, s. 2(e), (f); 2002‑159, s. 6; 2006‑253, s. 22.1; 2007‑493,ss. 4, 19.)