As of December 1, 2013, there is a new type of driving while license revoked under G.S. Chapter 20.
The Old Law. Most violations of G.S. 20-28(a) committed before December 1, 2013 were punishable as Class 1 misdemeanors. Three exceptions applied. The following types of drivers were punished as though they had been convicted of driving without a license, which, for offenses committed before December 1, 2013, was a Class 2 misdemeanor: (1) The restoree of a revoked driver’s license who operated a motor vehicle on the highway without the insurance required by law (G.S. 20-28(a)); (2) A driver revoked solely under G.S. 20-16.5 as a result of a civil license revocation arising from an implied consent charge who drove after the minimum revocation period had expired (G.S. 20-28(a1)(1),(2)); and (3) A person who drove while his or her license was revoked for failure to pay child support or to comply with a subpoena issued pursuant to child support or paternity establishment proceedings and who was eligible for reinstatement, but had not applied for that relief (G.S. 20-28(a1)(3)). People subject to the latter two exceptions also were treated for driver’s license and insurance purposes as if they had been convicted of driving without a license under G.S. 20-35.
The New Law. On or after December 1, 2013, a person who (1) drives (2) a motor vehicle (3) on a street or highway (4) while his or her license has been revoked by the State of North Carolina (4) knowing that his or her license is revoked commits a Class 3 misdemeanor. See S.L. 2013-360, Section 18B.14.(f) (amending G.S. 20-28(a)).
If, however, the person’s license revoked for impaired driving, the person is guilty of a Class 1 misdemeanor. G.S. 20-28(a). Thus, there now is a new type of driving while license revoked offense in North Carolina. To establish the new Class 1 misdemeanor offense under G.S. 20-28(a), the State must prove the four elements listed above and a fifth element, namely “that the person’s license was originally revoked for an impaired driving revocation.”
The term “impaired driving license revocation” (which differs slightly from the nomenclature in new G.S. 20-28(a)) is defined in G.S. 20-28.2(a) to include revocations under any of the following statutes:
- G.S. 20-13.2: consuming alcohol or drugs or willful refusal by a driver under age 21 to submit to a chemical analysis;
- G.S. 20-16(a)(8b): driving while impaired on a military installation;
- G.S. 20-16.2: refusal to take a chemical test;
- G.S. 20-16.5: pretrial civil license revocation;
- G.S. 20-17(a)(2): impaired driving or impaired driving in a commercial motor vehicle;
- G.S. 20-17(a)(12): transporting an open container of alcohol;
- G.S. 20-138.5: habitual impaired driving;
- G.S. 20-16(a)(7): impaired driving while out of state resulting in revocation of North Carolina driver’s license;
- G.S. 20-17(a)(1): manslaughter or second-degree murder involving impaired driving;
- G.S. 20-17(a)(3): felony involving use of motor vehicle involving impaired driving;
- G.S. 20-17(a)(9): felony or misdemeanor death or felony serious injury by vehicle involving impaired driving;
- G.S. 20-17(a)(11): assault with motor vehicle involving impaired driving.
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration