Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation. Following a DWI, a drivers license will be suspended for 30 days. However, a driver has 10 days following the arrest, to file a petition with the DMV to try and challenge the suspension. If they are successful, they could retain their driving privileges. If they are unsuccessful or do not request a hearing, the hardship license needs to be ordered by the court. § 20-179.3 allows a limited driving privilege to be issued in the discretion of a court for good cause shown authorizing a person with a revoked driver's license to drive for essential purposes related to any of the following:

(1) His employment.
(2) The maintenance of his household.
(3) His education.
(4) His court-ordered treatment or assessment.
(5) Community service ordered as a condition of the person's Probation.
(6) Emergency medical care.

The application for a limited driving privilege made at any time after the day of sentencing must be filed with the clerk in duplicate, and no hearing scheduled may be held until a reasonable time after the clerk files a copy of the application with the district attorney's office. The hearing must be scheduled before:

(1) The presiding judge at the applicant's trial if that judge is assigned to a court in the District Court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, in which the conviction for impaired driving was imposed.
(2) The senior regular resident superior court judge of the superior court district or set of districts as defined in G.S. 7A-41.1 in which the conviction for impaired driving was imposed, if the presiding judge is not available within the district and the conviction was imposed in superior court.
(3) The chief district court judge of the district court district as defined in G.S. 7A-133 in which the conviction for impaired driving was imposed, if the presiding judge is not available within the district and the conviction was imposed in district court.

If the applicant was convicted of an offense in another jurisdiction, the hearing must be scheduled before the chief district court judge of the district court district as defined in G.S. 7A-133 in which he resides. G.S. 20-16.2(e1) governs the judge before whom a hearing is scheduled if the revocation was under G.S. 20-16.2(d). The hearing may be scheduled in any county within the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be

Of course, if you just got a DWI last night, you should consult with an attorney today and retain one for your defense. Over the weekend, it may be hard to speak with one. The attorney can start on the process to request a hearing from the DMV to try and obtain you a temp license until the actual hearing. They can also look over the facts of the case and see what legal defenses you may have. They will act in your best interest and advise you about taking the case to trial or a plea. If you are unable to afford private counsel, you can ask to be appointed the public defender. If that happens, the time in which to challenge the stop/DWI may pass, so you would need to request hearing yourself, at the DMV within the 10 days.

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