NC DWI: Understanding the Difference Between the Courts and the DMV

​​If you’ve been charged with a DWI in North Carolina, you may feel overwhelmed by the legal process. One of the biggest points of confusion is the difference between the court system and the DMV—two separate entities with different roles in your case.

The Court System: Determining Guilt & Punishment

When you are charged with a DWI, your case goes through the North Carolina court system. The court’s role is to determine:  If you are guilty or not guilty  If you will face jail time, probation, or fines  Any additional legal consequences based on the severity of your offense
The court does not handle your driver’s license reinstatement. Even if your case is dismissed, the DMV may still require action from you to restore your license.

The DMV: Controlling Your License

The North Carolina Department of Motor Vehicles (DMV) oversees driver’s licenses. After a DWI, the DMV will suspend your license, and to get it back, you must:  Complete a DWI Assessment from a state-approved provider  Complete any required treatment or education classes based on the assessment  Submit proof of completion to the DMV
Even if the court doesn’t order you to do classes, the DMV still requires them for license reinstatement.
Key Takeaways:
• The court decides guilt and sentencing.
• The DMV controls your license and requires an assessment & treatment for reinstatement.
• Waiting too long to start your assessment can delay getting your license back.

At Breathe, we provide DWI assessments and online classes to help you complete your requirements quickly and easily. Need help? Contact us today!

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