Limited Driving Privilege in Raleigh
If you were recently arrested for DWI in the Raleigh area and have had your driver’s license suspended or revoked, do not assume that your only option to get from place to place over the next year is public transportation or rides from friends and family. Coolidge Law Firm helps clients in and around Raleigh who have had their licenses suspended or revoked because of an impaired driving arrest.
A DWI conviction can significantly impact your ability to regain driving rights. Understanding the legal process and compliance measures required after such a conviction is crucial.
Our limited driving privilege attorneys represent residents of such communities as Apex, Cary, Fuquay-Varina, Holly Springs, Morrisville, and Wake Forest. We can review your case and discuss all of your legal options as soon as you call to schedule a free, confidential consultation.
What is a Limited Driving Privilege?
A Limited Driving Privilege (LDP) is a restricted license granted by the court that allows individuals with a suspended or revoked driver’s license to drive under specific conditions and restrictions. This privilege is designed to help individuals maintain essential driving privileges, such as commuting to work or school, while ensuring public safety.
Unlike a regular driver’s license, which grants unrestricted access to operate a motor vehicle, an LDP imposes certain limitations on when and where you can drive. This restricted license is crucial for those who need to fulfill daily responsibilities despite having their driving privileges curtailed.
Limited Driving Privilege Lawyer in Raleigh
When a person is arrested for impaired driving—THIS IS INCORRECT – NC IS “Driving while Impaired” NOT intoxicated (DWI)—in North Carolina, one of the immediate and most damaging punishments is getting their license revoked. People arrested for DWI automatically have their licenses revoked for at least one year if ultimately convicted.
Many people rely on their driver’s licenses in order to get to and from work or school. The idea of not driving for several months is simply not feasible, but for those that find themselves in the unfortunate situation of having a DWI, limited driving privileges allow for the continued privilege to drive for specific purposes during specific times.
Overview of Obtaining Limited Driving Privileges
- Who can obtain a limited driving permit?
- How do blood or breath tests complicate eligibility?
- What happens if a person does not work during traditional business hours?
- Where can I learn more about limited driving permits in North Carolina
Obtaining limited driving privileges
Navigating the legal process following a DWI conviction in North Carolina involves obtaining limited driving privileges. This requires specific documentation, meeting eligibility criteria, and potentially installing an ignition interlock device. Seeking legal assistance can help manage the complexities and ensure all requirements are met.
A hardship license is crucial for individuals who need to maintain driving privileges for essential life responsibilities, such as family obligations, employment and attending medical appointments, especially after a DWI offense.
Limited Driving Privilege Eligibility in North Carolina
North Carolina General Statute § 20-179.3 states that a person convicted of impaired driving is eligible for a limited driving permit if:
- At the time of the offense he held either a valid driver’s license or a license that had been expired for less than one year;
- At the time of the offense he had not within the preceding seven years been convicted of an offense involving impaired driving;
- Punishment Level Three, Four, or Five was imposed for the offense of impaired driving;
- Subsequent to the offense he has not been convicted of, or had an unresolved charge lodged against him for, an offense involving impaired driving; and
- The person has obtained and filed with the court a substance abuse assessment of the type required by North Carolina General Statute § 20-17.6 for the restoration of a driver’s license.
Applicants for limited driving privileges will also need to obtain a specific kind of proof of vehicle liability insurance coverage from their insurance companies called a DL-123 form. A fee of $100 must be paid to the Clerk of the Court when applying for limited driving permits.
Limited Driving Privilege Requirements After DWI and Substance Abuse Assessment in Raleigh
An alleged offender’s blood alcohol concentration (BAC) or any refusal to submit to chemical testing can cause additional requirements in order to be granted a limited driving permit. The privilege restrictions differ as follows:
Pre-conviction BAC of 0.08 or above
Eligible to apply for a limited driving privilege after 10th day of 30 day suspension.
Post-Conviction: BAC of 0.08 or Higher, But Less Than 0.15
Eligible for limited driving privilege at time of conviction.
Post-Conviction: BAC of 0.15 or Higher
Limited driving privileges for high-risk drivers do not become effective until at least 45 days after the final conviction.
Installation of an ignition interlock device is required prior to these drivers being issued limited driving privileges, and these drivers are restricted to driving only to and from places of employment, school, any court ordered treatment or substance abuse education, and any ignition interlock service facilities.
Refusal to Submit to Testing
A driver who does not agree to perform a breath or blood test must wait until six months after he has been issued a notice of revocation. In order to be granted a limited driving privilege, these offenders must complete any recommended treatment programs as well as a minimum of one of the mandatory conditions of probation.
Limited Driving Privilege for Nonstandard Working Hours
The specific restrictions of a limited driving privilege are in the discretion of the court. For example, certain limited privileges may not allow driving for maintenance of the household except during standard working hours.
Under North Carolina General Statute § 20-179.3(f1), standard working hours are defined as being 6:00 A.M. to 8:00 P.M. on Monday through Friday. This definition can pose a significant problem for students taking night classes or a school schedule and people who work jobs with nonconventional hours.
Section (g1) of this statute does establish ways in which motorists can be granted limited driving privileges for nonstandard working hours. If an applicant is required to drive during such hours for “an essential work-related purpose,” then he needs to present proper documentation before the judge will authorize him to drive for such purpose during those hours.
The limitations of the person’s driver’s license privilege will be based on the information provided by the applicant:
Specific Place of Work at Regular Times
The privilege will specify and restrict the applicant to the general times and routes in which he will be driving to and from work.
Specific Place of Work at Irregular Times
The privilege will specify and restrict the applicant to the general routes in which he will be driving to and from work.
Regular Times with No Specific Place of Work
The privilege will specify and restrict the applicant to the general times and geographic boundaries in which he will be driving to and from work.
No Regular Times and No Specific Place of Work
The privilege will specify and restrict the applicant to geographic boundaries in which he will be driving to and from work.
Consequences of Violating a Limited Driving Privilege
Violating the terms of a Limited Driving Privilege can lead to severe consequences, including the revocation of a valid license and additional legal penalties. If you are found to have breached the restrictions of your LDP, you may face further suspension or revocation of your driver’s license, fines, and even jail time.
How to Obtain a Limited Driving Privilege
Obtaining a Limited Driving Privilege involves meeting specific eligibility requirements and following a structured process.
Initially, you must serve a portion of the license suspension period, typically 10 days of the 30-day suspension. Following this, you need to meet the criteria for limited driving privileges, which may include completing a substance abuse assessment or court-ordered treatment.
Court Process for Obtaining a Limited Driving Privilege
The court process for obtaining a Limited Driving Privilege involves several key steps.
First, your DWI attorney will file a petition with the court, requesting the privilege. You will then be required to attend a hearing, where the judge will review your case and determine whether to grant the privilege. If granted, the court will issue a court order outlining the terms and conditions of your restricted driving rights. This order will specify when, where, and for what purposes you are allowed to drive.
Understanding this process and having a knowledgeable Raleigh DWI attorney by your side can significantly improve your chances of obtaining a limited driving privilege.
DMV Documentation
After obtaining a Limited Driving Privilege, you will need to visit your local DMV office to provide the necessary documentation and have the privilege added to your driving record.
You will need to bring the court order, proof of insurance, and pay any applicable fees. The DMV will then update your driving record to reflect the restricted license. It is essential to ensure that your driving record accurately reflects the terms strict conditions of your LDP to avoid any confusion or complications.
North Carolina Resources for Limited Driving Privilege
North Carolina Division of Motor Vehicles (DMV) | Suspensions — This section of the DMV website touches on some of the common suspensions and revocations in North Carolina. It has a chart covering different offenses and their respective lengths of suspension or revocation, whether discretionary pre-hearings allowed, and what the specific related suspensions statutes are. You can also find answers to frequently asked questions about limited driving privileges, ignition interlock requirements, and substance abuse assessments.
North Carolina DMV Headquarters
Address: 1100 New Bern Avenue Raleigh, NC 27697
Phone: (919) 715-7000
Petition For Limited Driving Privilege Pretrial Revocation (Implied-Consent Offense) — This is one of the forms that you will be required to provide the court if you are seeking a limited driving permit. You will also be required to submit a Limited Driving Privilege Pretrial Revocation (Implied-Consent Offense) or Limited Driving Privilege Indefinite Pretrial Revocation (Implied-Consent Offense). Additionally, the court will require a copy of your seven-year driving history from the North Carolina DMV.
Contact a Limited Driving Privilege Lawyer
Were you recently arrested for DWI in North Carolina but need to drive in order to remain gainfully employed or support dependents in your household? You could be eligible for a limited driving permit.
A Raleigh DWI attorney at Coolidge Law Firm represents clients throughout the Raleigh area, and we also defend students at local institutions like Duke University, Meredith College, North Carolina State University, Shaw University, the University of North Carolina at Chapel Hill (UNC), Wake Tech, and William Peace University.
Our criminal defense attorneys will provide a complete evaluation of your case when you call or fill out the contact form below today to take advantage of a completely free initial consultation.
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