Getting charged with a DWI in North Carolina triggers a series of immediate and long-term consequences — one of the most visible being license plate impoundment, sometimes referred to as “whiskey plates.”
Although the term “whiskey plates” is borrowed from Minnesota (where impounded plates are replaced with special ones beginning with the letter “W”), the concept is similar: certain DWI offenders in North Carolina lose their right to use their license plates, and in some cases, the state seizes the plates from their vehicle altogether.
This article explains how North Carolina’s DWI plate impoundment system works, who qualifies for it, how to challenge the impoundment, and what you can do to regain your driving privileges.
Don’t let a simple mistake revoke you from your privileges. Contact a DWI attorney today.
What Is Plate Impoundment in a North Carolina DWI Case?
Under N.C. Gen. Stat. § 20-28.3 and § 20-28.2, plate impoundment occurs when a driver is charged (not convicted) with certain DWI-related offenses. The goal is to keep potentially dangerous drivers off the road and prevent them from operating a vehicle during their license revocation period.
When the law applies, the officer must:
- Seize the license plate from the vehicle at the time of arrest.
- Issue a revocation notice explaining the driver’s rights and next steps.
- Notify the DMV, which then records the plate impoundment in its database.
The impounded plate is held by the North Carolina Division of Motor Vehicles (DMV) for a specific period — often tied to the driver’s license revocation.
When Plate Impoundment Applies
Not every DWI leads to plate seizure. Plate impoundment generally applies when the driver:
- Drives while license revoked (DWLR) due to a prior impaired driving offense (§ 20-28.3(a)(1)).
- Drives after consuming alcohol while an ignition interlock restriction is in place.
- Drives with a revoked or suspended license due to a prior DWI.
- Refuses a breath or blood test under North Carolina’s implied consent laws (§ 20-16.2) and is subject to civil revocation.
If the officer determines one of these situations applies, they must seize the license plate from the vehicle you were driving — even if you don’t own it.
Who Is Affected — and When the Vehicle Isn’t Yours
Plate impoundment doesn’t just impact the driver — it can also affect registered vehicle owners who weren’t even present during the arrest.
For example:
- If you borrowed a friend’s or family member’s car and were charged with DWI, the police can still seize that vehicle’s plate.
- The vehicle owner will then have to apply for its release by proving they were not involved and didn’t knowingly allow the impaired driver to operate it.
This is where many disputes arise — especially when innocent owners are caught in the middle.
How to Challenge a Plate Impoundment
If your plate was seized or your vehicle was immobilized due to a DWI-related arrest, you have the right to challenge it through an administrative hearing or court process.
Here’s how it works:
Step 1: File a Request for a Hearing
- You can request a pretrial hearing before a judge in the county where the offense occurred.
- The hearing must be held within a reasonable time after the request.
- An experienced DWI attorney can handle this filing for you to ensure it’s done correctly.
Step 2: Present Evidence
You’ll need to show that the plate impoundment was not legally justified — for example:
- The offense doesn’t fall under the plate seizure statute.
- You were not the vehicle owner.
- The officer made a procedural error during seizure.
- The DMV incorrectly processed or extended the impoundment.
If you’re a non-offending owner, you’ll need to show that you did not give the driver permission to operate the vehicle while impaired or revoked.
Step 3: Court Review and Decision
If the court agrees the seizure was unlawful, it can order the return of the license plate and release of the vehicle.
If you lose the hearing, the impoundment remains in effect until your license revocation period ends — often 30 days for a first offense or longer if prior DWIs are involved.
Early Release for Innocent Owners
North Carolina law allows innocent vehicle owners (spouses, parents, employers, etc.) to apply for early release of a seized vehicle or license plate.
To qualify, you must:
- Prove you are the registered owner.
- Show you didn’t know or have reason to know that the driver’s license was revoked or that they would drive while impaired.
The DMV or court may then release the vehicle and plate back to you.
This process is outlined in N.C. Gen. Stat. § 20-28.3(e) and can often be completed with the help of an attorney who handles DWI defense or DMV hearings.
What Happens If You Drive Without the Plate
Driving a vehicle with a seized or revoked license plate is a serious offense. Under § 20-28.2(e), doing so can lead to:
- Additional misdemeanor charges,
- Vehicle impoundment, and
- Extended license revocation periods.
In some cases, the vehicle may be subject to forfeiture if the driver continues to violate DWI or license-related restrictions.
Reinstating Your Plate After Revocation
Once your revocation period ends, you can apply to the DMV to have your plate reinstated. The steps typically include:
- Paying restoration and service fees.
- Showing proof of insurance coverage.
- Providing compliance documentation, such as completion of substance abuse assessments or treatment.
- In some cases, installing an ignition interlock device if required by court order.
Your attorney can confirm when you become eligible and help ensure all requirements are met before applying.
Defense Strategies to Prevent Plate Impoundment
The best way to avoid plate impoundment is to fight the underlying DWI or license-related charge. Common defense angles include:
- Challenging the legality of the traffic stop.
- Questioning the validity of the breath or blood test.
- Arguing procedural errors by the arresting officer.
- Presenting evidence that your license was valid or not revoked at the time.
If the DWI charge is dismissed or reduced, the associated plate impoundment can often be lifted early.
Key Takeaway
North Carolina’s DWI plate impoundment laws aim to keep repeat or high-risk drivers off the road — but they can also unfairly impact vehicle owners who weren’t involved. Knowing your rights and acting quickly is key to avoiding extended penalties.
If your license plate or vehicle has been seized after a DWI arrest, the attorneys at Martine Law can help you challenge the impoundment, request early release, and fight the underlying DWI charge.
Contact us today to discuss your case and start building your defense.
Primary Keyword: North Carolina DWI plate impoundment
Meta Title: North Carolina DWI Plate Impoundment (“Whiskey Plates”)
Meta Description: Learn who qualifies for DWI plate impoundment in North Carolina, how “whiskey plates” work, and how to challenge or lift a license plate seizure.