You are convicted of DWI while your license is already revoked for an earlier DWI. According to the manual, what may the court order concerning your vehicle?
-
A.
The vehicle to be seized and sold Correct
-
B.
Doubling of the fine
-
C.
The vehicle to be impounded for 30 days
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D.
A mandatory 6-month jail term
The answer is "The vehicle to be seized and sold"
The manual says that if you are convicted of DWI while your license is revoked for an earlier DWI conviction, the court may order your vehicle seized and sold. The tempting miss is D: the manual does require a jail sentence for a second DWI conviction, so a test-taker who has seen that rule assumes the jail term is the court's order here and fills in a six-month figure the manual never states.
The traps in the wrong answers
B. Doubling of the fine
The manual's response here is seizure and sale of the vehicle, not a doubled fine. Carries over a doubled-penalty rule learned elsewhere to a scenario the manual answers with vehicle seizure.
C. The vehicle to be impounded for 30 days
The manual's named vehicle consequence is seizure and sale, not a fixed-term impound. Borrows a short administrative impound period from another state's DWI rules in place of the manual's seizure-and-sale order.
D. A mandatory 6-month jail term
The manual names seizure and sale of the vehicle as the court's discretionary order here. A jail sentence is required for a second DWI conviction, but the manual does not set a six-month term. Attaches a specific six-month figure to the manual's second-conviction jail requirement, which states no length.
This question tests your knowledge of DUI & Impaired Driving in North Carolina. Source: North Carolina Driver Handbook, "Chapter 2 - Alcohol and the Law, Driving While Impaired," p.32..
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