Limited Driving Privilege
When charged and/or convicted of a North Carolina DUI or North Carolina
DWI, the loss of your license serves as a great interruption to your life.
Fortunately, several options are available to obtain a limited driving
privilege so that you can drive. Below is an overview of some of the
options available to Defendants facing DWI charges or convictions.
LICENSE SUSPENSION DUE TO DWI CHARGE
When charged with a North Carolina DWI, a defendant’s license will
automatically be suspended for 30 days. On the 11th day of that 30
day period, the Defendant can apply for a limited driving privilege
assuming certain criteria are met:
- At the time of DWI offense, the Defendant had a valid license or it had been expired for less then one year
- The Defendant does not have any outstanding DWI charges outside the one in question, and
- The Defendant has completed a Substance Abuse Assessment by a certified substance abuse education center.
This limited driving privilege is only for the period between day 11 and day 30 of the suspension. The permitted time of travel is between the hours of 6 am and 8 pm, Monday through Friday. If additional time is necessary due to school or work, supporting documentation will be needed to show the need for additional time of travel.
LICENSE SUSPENDED DUE TO DWI CONVICTION
Once convicted of Driving While Intoxicated in North Carolina, a Defendant’s license will automatically be suspended for 12 months. The North Carolina DUI Defendant may be eligible for a Limited Driving Privilege during that 12-month suspension period. In order to qualify, the Defendant cannot have any other outstanding DWI charges, must have had a valid license at the time of the DWI offense (or if their license was expired, it was not expired for more than 12 months from the date of the DWI offense), and must have been sentenced to either a level 5, level 4, or level 3.
If the Defendant did not have a blood/alcohol level at .15 or above, they are eligible to petition the court for a limited driving privilege immediately at the time of the conviction. If the Defendant did have a blood/alcohol level at .15 or above, they can petition the court for a limited driving privilege after 45 days from their conviction with proof of installation of an Interlock device. If the Defendant is sentenced at a level 2, level 1, or Aggravated level 1, they will not be permitted to petition the court for a limited driving privilege.
OTHER REQUIREMENTS
In addition to the above mentioned requirements, the petition must include a DL-123 form from the defendant's insurance provider (which is only good for 30 days), a certified copy of a 7-year driving record (good only for 30 days), and proof of a Substance Abuse Assessment by a certified substance abuse education center.
For assistance obtaining your driving privileges as soon as possible, contact DWI Lawyer Raleigh and DWI Attorney M. Moseley Matheson at 919-335-5291 today for your FREE CONSULTATION!