Limited Driving Privileges in a Nutshell
When charged with Driving While Impaired, a person will lose his license for thirty (30) days as a result of a Civil Revocation. In some cases, a person will qualify for a limited driving privilege after ten (10) days of suspension. A petition for a pre-trial limited driving privilege must include a Substance Abuse Assessment, proof of insurance via a DL123 Form, and proof of specific hours for school attendance or work.
A Driving While Impaired conviction, whether received in State or Federal court, will result of in the loss of one’s license for at least one (1) year. Depending upon the level of punishment received, some people will qualify for a limited driving privilege under North Carolina General Statute § 20-179.3. This limited driving privilege will enable someone to drive to work, school, and perhaps even for household purposes.
In order to qualify for a limited driving privileged after conviction, the Court must have imposed a Level 3, 4, or 5 punishment. In addition, a person must have had a valid North Carolina driver’s license or a North Carolina license that had been expired for less than one (1) year. Finally, the person must be over 21 years of age and cannot have any unresolved Driving While Impaired charges.
Assuming the above criteria have been met, a person may petition the Court for a post-conviction limited driving privilege once he obtains a Substance Abuse Assessment, proof of insurance via a DL123 Form, and proof of specific hours for school attendance or work. If the Judge ordered installment of an Interlock device as part of the judgment, a person must also show proof of this device and wait forty-five (45) days to petition the Court for a driving privilege.
Special rules apply for Driving While Impaired convictions in which a person refused to submit to the breathalyzer machine (ECIR II). In addition to having to comply with extra requirements, refusal cases must also wait six (6) months from the date of the refusal to petition the Court for a limited driving privilege.
Special rules also apply for convictions of Driving After Consuming While Being Less than 21 Years of Age. In these cases, a person may qualify for a limited driving privilege despite the typical age requirement.
While limited driving privileges most often arise in the case of Driving While Impaired, North Carolina law also allows for a person to petition for a limited driving privilege in certain cases when a license is suspended as the result of a Driving While License Revoked conviction or Speeding conviction.
For more information contact Attorneys David T. Courie, Sr., Mark L. Hearp, or Cristina S. Quantock at 910-323-4600 or 910-875-3379.
