Drunk driving is taken very seriously in North Carolina. Not only can a conviction come with steep fines and jail time, but you may also lose your driver’s license. In fact, if you’ve been pulled over for a DWI, your driving privileges can be suspended for a period of 30 days — regardless of whether you’ve been convicted. However, it’s important to understand that you may be able to obtain limited driving privileges that allow you to operate a motor vehicle for essential purposes.

Eligibility for Limited Driving Privileges in North Carolina

A valid driver’s license can be vital if you must drive to work, school, or care for your family. If your license has been suspended after a DWI arrest, you might be eligible to obtain limited driving privileges by meeting specific criteria. These privileges may be available both before and after a DWI conviction.

The requirements that must be satisfied for limited driving privileges in North Carolina are as follows:

• You must have had a valid license at the time you were stopped for the DWI
• You must not have had a DWI conviction with the past seven years
• You cannot have been charged with or convicted of a subsequent DWI
• Your license must have been revoked for at least ten days if the revocation is for 30 days, or for at least 30 days if the revocation is for 45 days
• You must complete a substance abuse assessment
• You must have proof of insurance
• You must pay a fee to the court
• If convicted, you must have had a Level III, IV, or V punishment imposed

If your Blood Alcohol Concentration (BAC) registered at .15 or higher, you would be required to install an interlock ignition device in your vehicle. There are also specific requirements that must be met if you refused a breathalyzer or DWI chemical test — in addition to satisfying the above criteria, you must not have willfully refused a chemical test in the previous seven years. Your driver’s license must also have been revoked for a period of six months since the refusal.

When Can You Drive with Limited Driving Privileges?

Limited driving privileges only permit you to operate a motor vehicle Monday through Friday between 6 a.m. and 8 p.m. Additionally, if you are eligible, you would only be allowed to drive for certain reasons, including commuting to work or school; attending religious worship; traveling to court-ordered treatment or community service; seeking emergency medical care; or for the purpose of household maintenance.

In the event you do not have a 9-5 job and work non-traditional hours, you can obtain permission from the court to drive for work-related purposes outside the hour restrictions. You will need to present the judge with a letter from your employer or provide other documentation that establishes why you must drive outside standard business hours.

How to Apply for Limited Driving Privileges

There are certain steps that you must take to get limited driving privileges in North Carolina. You must file a petition with the court, pay the applicable filing fee, and attend a hearing. You will also need to obtain a DL-123 form from your insurance provider to show that you have liability insurance, and collect any other documentation necessary to provide to the judge. For instance, if you must drive outside business hours, you will need to present documentation that specifies why.

Should the judge grant your petition, they will issue an order permitting you to have a limited privilege to drive. The order will specify the scope of your driving privileges and might also set certain conditions. These can include requiring an interlock ignition device in the vehicle or placing a restriction that you may only operate one designated motor vehicle. You will need to carry the court order with you when you drive, as you would your driver’s license.

What Happens if You Violate the Limited Driving Privilege Restrictions?

Violating the restrictions imposed under your limited driving privileges is a serious matter that can result in being charged with the offense of “driving while license revoked for impaired driving.” This is a class 1 misdemeanor in North Carolina that is punishable with a monetary fine and up to 120 days in jail.

Contact an Experienced North Carolina DWI Attorney

If you’ve been arrested for a DWI in North Carolina, it’s critical to have the representation of an attorney who can advocate for your rights and fight for the best possible results in your case. The Johnston County DWI defense attorneys at Reece & Reece, Attorneys at Law provide aggressive representation for a variety of criminal and traffic-related offenses, including DWI charges and assisting clients with obtaining limited driving privileges. Call (919) 300-1249 to schedule a consultation and learn how we can help.