Driving while license revoked?

I'm a NC resident. I have a prior DWI conviction. I was charged in Aug. 2004, and convicted in Jan. 2005 of a Level 5 DWI. Did ADETS, paid a small fine, wrote a book report, had a limited privilege, not a terribly big deal. Back in November of 2007, I made the bonehead decision to drive drunk. I'm guilty, it's garden variety, lawful stop, odor of alcohol, I consented to breathalizer...yada, yada. But my question relates to a driving while license revoked charge that accompanied the DWI charge.

The officer charged me with DWLR because I violated the BAC restriction of 0.04, a consequence of the prior DWI.

I have an excellent lawyer. He's an excellent "trial lawyer," but I'm not sure he's giving me my money's worth with some of the technical aspects of the law. Since I'm a researcher for a living, I've dug around a bit and here's what i discovered.

20-19(c3) applies to a violation of a BAC restriction. It gives DMV authority to suspend license for a year for a violation. This, however, is a civil revocation, and there's nothing to indicate that there should be a criminal charge of DWLR. The NC legislature, in fact, has gone to great length to specify when a DWLR charge does apply. For example, any violation of a "limited driving privilege" constitutes DWLR [20-179.3(j)], and a violation of the ignitition interlock requirement also is a DWLR [20-17.8(f)]. I even found an old 2001 enforcement chart issued by the Dept. of Justice to local law enforcement divisions, which says a violation of BAC restriction constitutes driving without a license (NOL), which is essentially the same as violating a eyeglasses restriction. The statutes, as they pertain to BAC restrictions and violations, have not changed since they were originally adopted back in 1999, I believe.

So, has the enforcement of this provision changed? This is important for me because it plays into what level sentence I'll have. It will likely factor in to whether I have 1 or 2 grossly aggravated factors. If I'm guilty of DWLR, it's necessary an "impaired driving revocation." Doesn't make sense to me. My license wasn't suspended, it was restored in Jan. 2006, with a restriction. Am I correct that the officer made the incorrect charge of DWLR for a violation of a BAC restriction?

Any advice is appreciated!