Without license since 1997

[mountain dew]

What is the name of your state (only U.S. law)? North Carolina

I have some questions that I have been trying to research through google but just can't seem to find answers to. Let me explain my situation first and then I will lay down the few questions I have...

I was 19 years old in 1997 and in that same year I was arrested and convicted for my first DWI. I complied to a BAC (which at the time was a 0.19 ). I never reinstated my license.

In 2002 five years later I was again arrested and convicted of a DWI and at the time my BAC was rendered 0.9 one point above the legal limit in North Carolina.

I have not tried to get my license reinstated since my first DWI in 1997 and it is now almost 12 years later after my first conviction putting me at the age of 31.Today was the first time I decided to try and get my license reinstated so I contacted the local DMV just to get an idea of what it was going to take to do that. I was informed that one of the mandatory things I would need to do would be to install an ignition interlock system in my vehicle and pay all mandatory fees.

I have been researching the laws here in North Carolina and have collected some information that I assume to be true. Some of this information has led me to believe that there are a few factors that determine the installation of an ignition interlock system in the state of North Carolina.

1. If your BAC level was tested at or above 0.16
2. If you have been convicted of a DWI a second time or more in a 7 year period
3. If you were convicted of a DWI while under the age of 21

With my first conviction in 1997 all three of those apply to me "presently" and with the second conviction none apply except for the fact that it was in a 7 year period since my first conviction. My confusion comes from the fact that I have been informed that the interlock system law had not even passed in the state of North Carolina until the year 2000 two years after my first conviction.

Now on to my questions...

This information I have yet to confirm and if said information is true I had assumed that my first conviction could not be considered a factor in determining the installation of the interlock system since I was convicted supposedly before the interlock law was even passed. Can anyone possibly enlighten me on the legal right I may have in this situation if in fact this information proves to be true and if it even makes a difference?

Thank you all in advance for any support in answering any of these questions...

 

[FlyingRon]

Nope, as long as the law was passed before your second DUI, you can be sentenced by it.

 

[mountain dew]

Nope, as long as the law was passed before your second DUI, you can be sentenced by it.

Thanks for the reply I am still curious if there is anyone that can confirm the date and year that the ignition interlock law was passed in the state of North Carolina? The information I have was obtained just through word of mouth and I can't seem to find anything through google except for a date of when the law was modified to be more stricter.

 

[FlyingRon]

What difference does it make? Your conviction was after the present form of the law (passed in 2001). That's all that matters. But anyhow, the original NC interlock law dates from February, 1990, before your first conviction.


Further, the fact that the requirement was mandated by the court at the time of your second conviction and you didn't appeal it in a timely fashion means that you can't do anything about it now anyway.

 

[mountain dew]

What difference does it make? Your conviction was after the present form of the law (passed in 2001). That's all that matters. But anyhow, the original NC interlock law dates from February, 1990, before your first conviction.


Further, the fact that the requirement was mandated by the court at the time of your second conviction and you didn't appeal it in a timely fashion means that you can't do anything about it now anyway.

Thanks for the reply...

The reason I was asking for conformation is the information I received was word of mouth and obviously false.If for some reason the law had actually been passed shorty after my second offense then it would of excluded the installation of the system so I was trying to get an idea of when it actually occured.

Since on my second conviction date there was no information spoken or given to me in writing about any mandatory interlock system being required so I was not likely to appeal something that i wasn't aware of. I can't blame that on the court as my lawyer should of mentioned this to me but hey what can you do?