In North Carolina, immediately after you are charged with a DWI / DUI, your license may be revoked by the DMV for a period of 30 days. After a 10-day period has passed, you may apply for a limited driving privilege (LDP). The following conditions must be met for you to apply for a limited driving privilege:
1. At the time of the alleged offense, you held either a valid drivers license or a license that had been expired for less than one year;
2. You do not have an unresolved pending DWI charge, or a new DWI conviction since the current DWI charge;
3. Your license has been revoked for at least 10 days if the revocation is for 30 days, or 30 days if the revocation is for 45 days; AND
4. You obtain a substance abuse assessment and register for and agree to participate in any recommended training or treatment.
These are statutory requirements set forth in NCGS 20-16.5 and may not be waived. If you meet the statutory requirements, you still are required to provide the court with the following information:
1. Proof of Insurance, specifically a form called the DL 123. Your insurance company should be able to send this to you or your lawyer;
2. Proof that you have completed the substance abuse assessment and enrolled in any recommended training or treatment. Your assessment facility should be able to send this to you or your lawyer;
3. A certified copy of your 7-year driving record from the North Carolina DMV;
4. A petition for Limited Driving Privilege (AOC-CVR-9) and Limited Driving Privilege Order (AOC-CVR-10 or AOC-CVR-11); AND
5. A $100.00 payment to the Clerk of Court.
You may appear in court anytime 10 days after you are charged with DWI / DUI to apply for your limited driving privilege. The issuance of an LDP is not guaranteed. Instead, a judge must review your petition and decide whether or not to issue the order based on his or her discretion. If you have any questions about the limited driving privilege process, it is recommended that you contact an experienced DWI lawyer / DUI lawyer to assist you.
Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, and Mecklenburg County. Contact Adkins Law if you need to speak with a Huntersville DWI attorney.