Limited Driving Privilege
In North Carolina, if you are charged with DWI, in most cases, your driver's license will automatically be revoked for a 30-day period from the date of your arrest. If you are convicted of the DWI charge, your license will be revoked again from the date of your conviction. Many people, however, are able to obtain a Limited Driving Privilege (LDP), which allows them to drive during periods of revocation for during specified hours for purposes of work, school, substance abuse treatment, and household maintenance. The typical limited driving privilege will allow for driving between the hours of 6am to 8pm, Monday through Friday. If you need to drive during other times due to work, school, religious, or other reasons, a court may agree to accommodate your specific needs.
In North Carolina, if you are charged with DWI, in most cases, your driver's license will automatically be revoked for a 30-day period from the date of your arrest. If you are convicted of the DWI charge, your license will be revoked again from the date of your conviction. Many people, however, are able to obtain a Limited Driving Privilege (LDP), which allows them to drive during periods of revocation for during specified hours for purposes of work, school, substance abuse treatment, and household maintenance. The typical limited driving privilege will allow for driving between the hours of 6am to 8pm, Monday through Friday. If you need to drive during other times due to work, school, religious, or other reasons, a court may agree to accommodate your specific needs.
Pre-Trial Limited Driving Privilege
If you were charged with DWI and blew a 0.08 or higher on the Intox EC/IR II, NCGS 20-16.5 requires that your license automatically be revoked for a 30-day period. In most cases, you are eligible for a limited driving privilege if the following conditions are met:
If the conditions listed above are met, you are eligible to petition the court for a limited driving privilege. You are required to provide the court with the following:
It is important to understand that a pre-trial limited driving privilege is only valid until the 30th (sometimes 45th) day after you were charged with DWI. After that, your limited driving privilege expires and you are required to pay a restoration fee with the DMV to have your regular drivers license reinstated. Once your license has been reinstated, you will keep your license unless you are convicted for the charged DWI. At that time, your license will be revoked for the conviction and you will have to attempt to obtain a post-conviction limited driving privilege.
Post-Conviction Limited Driving Privilege
If you are convicted of a DWI, in order to obtain a post-conviction limited driving privilege, you must satisfy all the eligibility requirements that exist for the pre-trial limited driving privilege. If you are required to have an Ignition Interlock Device installed in your vehicle, you must have that done before you are eligible for a limited driving privilege. If you have been convicted of a Level I or Level II DWI, you will not be eligible for a limited driving privilege.
Limited Driving Privilege after a Breath Test Refusal
If your drivers license is revoked for refusing to submit to a chemical analysis upon being charged with a DWI, as discussed in the Refusal section, the DMV will revoke your license for a period of one year. You will not be eligible to apply for a limited driving privilege for the for the first six months. Once six months have passed, you will be eligible to apply with the DMV for a limited driving privilege. The DMV will decide, however, whether they will grant you this privilege.
If you have any questions or concerns regarding Limited Driving Privileges, or if you need to speak to a DWI lawyer / DUI lawyer, contact Adkins Law. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
If you were charged with DWI and blew a 0.08 or higher on the Intox EC/IR II, NCGS 20-16.5 requires that your license automatically be revoked for a 30-day period. In most cases, you are eligible for a limited driving privilege if the following conditions are met:
- 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;
- You do not have an unresolved pending DWI charge, or a new DWI conviction since the current DWI charge;
- 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
- You obtain a substance abuse assessment and register for and agree to participate in any recommended training or treatment.
If the conditions listed above are met, you are eligible to petition the court for a limited driving privilege. You are required to provide the court with the following:
- Proof of Insurance, specifically a form called the DL 123. Your insurance company should be able to send this to you or your attorney;
- 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 attorney;
- A certified copy of your 7-year driving record from the North Carolina DMV;
- A petition for Limited Driving Privilege (AOC-CVR-9) and Limited Driving Privilege Order (AOC-CVR-10 or AOC-CVR-11); AND
- A $100.00 payment to the Clerk of Court.
It is important to understand that a pre-trial limited driving privilege is only valid until the 30th (sometimes 45th) day after you were charged with DWI. After that, your limited driving privilege expires and you are required to pay a restoration fee with the DMV to have your regular drivers license reinstated. Once your license has been reinstated, you will keep your license unless you are convicted for the charged DWI. At that time, your license will be revoked for the conviction and you will have to attempt to obtain a post-conviction limited driving privilege.
Post-Conviction Limited Driving Privilege
If you are convicted of a DWI, in order to obtain a post-conviction limited driving privilege, you must satisfy all the eligibility requirements that exist for the pre-trial limited driving privilege. If you are required to have an Ignition Interlock Device installed in your vehicle, you must have that done before you are eligible for a limited driving privilege. If you have been convicted of a Level I or Level II DWI, you will not be eligible for a limited driving privilege.
Limited Driving Privilege after a Breath Test Refusal
If your drivers license is revoked for refusing to submit to a chemical analysis upon being charged with a DWI, as discussed in the Refusal section, the DMV will revoke your license for a period of one year. You will not be eligible to apply for a limited driving privilege for the for the first six months. Once six months have passed, you will be eligible to apply with the DMV for a limited driving privilege. The DMV will decide, however, whether they will grant you this privilege.
If you have any questions or concerns regarding Limited Driving Privileges, or if you need to speak to a DWI lawyer / DUI lawyer, contact Adkins Law. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.