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  1. #1
    Join Date
    Nov 2009
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    Framingham, Massachusetts, United States
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    116

    Default What are the Consequences of Breath Test Refusal in North Carolina

    My question involves a driver's license issued by the State of: North Carolina

    I have a client who is a Massachusetts resident who was arrested for DUI in North Carolina while undergoing training at Fort Bragg, NC. The DUI charge was dismissed due to a lack of evidence. However, he refused the breath test and his license was suspended for 1 year because of the refusal. Under North Carolina Law, it looks like he can petition for a hardship license after serving 6 months of the 1 year license suspension. Iím writing to see if there is any possible way to get any type of hardship consideration prior to the expiration of the 6 month waiting period. He drives for a living and the loss of his license has been devastating.

    If the DUI happened in his home state of Massachusetts, he would have automatically gotten his license reinstated after the DUI was dismissed and it would only have been suspended for 180 days for the refusal.

    Thanks!

  2. #2
    Join Date
    Sep 2010
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    19,488

    Default Re: What are the Consequences of Breath Test Refusal in North Carolina

    Well he's not in Massachusetts anymore. He's extremely lucky he ducked the criminal charge AS WELL AS sanctions from the Army (they take a dim view of DUI, it's often charged as disobeying orders). He had an opportunity to contest the administrative suspension, he apparently didn't do it (or lost).

    Still there's odd questions here. Yes he must serve six months to get a Limited License in NC. However, does he even have a NC License? Does he hold a CDL?

  3. #3
    Join Date
    Nov 2009
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    Framingham, Massachusetts, United States
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    Default Re: What are the Consequences of Breath Test Refusal in North Carolina

    He doesn't hold a CDL or a NC license. However, if he can get something stating that he's denied a NC hardship license only because he's a non NC resident or doesn't hold a NC license, I can turn that into a Massachusetts hardship license. He's not facing any employment sanctions or punishment from the military because the charges were dismissed. It was not a strong case. North Carolina did not proactively notify Massachusetts of the suspension. He has a government job and was required to notify his employer. This notification caused the Mass. RMV to contact NC and apply the suspension to his Mass. driving record.

  4. #4
    Join Date
    Sep 2010
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    19,488

    Default Re: What are the Consequences of Breath Test Refusal in North Carolina

    Out of state hardship/limited licenses are often a catch-22 like this. The six months is certainly a hard limit for NC licenses. The hardship license request is heard by the regular superior court judge (not the DMV administratively) so I suppose you can press a case there, but I'm not seeing how you're going to get around the statute (either on the refusal charge or the rules on limited licenses).

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: What are the Consequences of Breath Test Refusal in North Carolina

    Quote Quoting Brian Simoneau
    View Post
    He doesn't hold a CDL or a NC license. However, if he can get something stating that he's denied a NC hardship license only because he's a non NC resident or doesn't hold a NC license, I can turn that into a Massachusetts hardship license. He's not facing any employment sanctions or punishment from the military because the charges were dismissed. It was not a strong case. North Carolina did not proactively notify Massachusetts of the suspension. He has a government job and was required to notify his employer. This notification caused the Mass. RMV to contact NC and apply the suspension to his Mass. driving record.
    how does a MA hardship license help him? If his privileges (not actually his license since they cannot technically suspend his license since it is from another state) are suspended in NC, no license in the world would help him.

  6. #6
    Join Date
    Sep 2010
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    19,488

    Default Re: What are the Consequences of Breath Test Refusal in North Carolina

    Unless his job is back home in Massachusetts rather than down in NC.

  7. #7
    Join Date
    Nov 2009
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    Default Re: What are the Consequences of Breath Test Refusal in North Carolina

    His job is here in Massachusetts so he won't need to drive in NC, just in MA. It looks like there's nothing that can be done until he serves the 6 months.

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