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Limited Driving Privilege Eligibility

Contact a DWI Attorney in North Carolina to Avail Limited Driving Privilege after Being Convicted For DWI

When a defendant is charged for a DWI offense in North Carolina, their driver’s license is revoked for at least a month following the date of arrest.  In case the defendant is found guilty, another revocation results following the date of conviction.

However, to facilitate drivers in commuting to work and school and get behind the wheel legally, it is possible to obtain a limited driving privilege throughout the period when the license is revoked.

At the offices of Johnson and Nicholson, we help our clients avoid inconvenient circumstances and return back to a normal lifestyle. We represent them in court professionally so that their charges are reduced and they can explore safe, quick and legal options to drive after a DWI charge or conviction.

What is Limited Driving Privilege?

In North Carolina, you can obtain a special license called limited driving privilege which allows those convicted with or facing DWI charges drive between the 6 AM and 8 PM on weekdays (Monday through Friday) legally.

Pre-Trial Limited Driving Privilege – The Suspension of License Due to DWI Charge

As per the N.C.G.S. § 20-16.5 code in North Carolina, a driver when charged with a DWI offense will face an automatic revocation of their license for a period of one month if:

  • The BAC result after blowing on an approved chemical analyses test was equal to or greater than .08
  • The driver was driving a commercial vehicle and the BAC result after blowing on an approved chemical was equal to or greater than .04

After 10 days have passed the day of charge, the defendant can apply for a limited driving privilege on the 11th day if:

  • The defendant had a valid driver’s license at the time of the offense,
  • The defendant had a license that had been expired for less than a year at the time of offense,
  • The defendant is not facing any other DWI charge or any outstanding DWI  conviction other than the current case,
  • The defendant has attended a substance abuse assessment from a certified center or has registered for participation in recommended training programs.
  • Ten days have passed since the day of charge.

Other Information

  • The limited driving privilege in these cases is valid for only 6 to 8 PM, Monday through Friday.
  • In case you have to driving after these hours for work or study purposes, it is also possible to get a special extension of privileges after producing supportive documents that indicate the additional time needed for travel.
  • Pre-Trial Limited Driving Privilege is only valid from day 11 to day 30 of the license suspension.

Post-DWI Limited Driving Privilege – The Suspension of License after DWI Conviction

In case the defendant is convicted and found guilty for a DWI offense in North Carolina, their license is revoked again, this time for one year. However, with the assistance of their attorney, they can apply for limited driving privilege during the course of these 12 months as well.

  • If the BAC result after blowing on an approved chemical analyses test was equal to or less than .15, the defendant can file for a limited driving privilege just after being pronounced convicted.
  • If the BAC result after blowing on an approved chemical analyses test was greater than .15, the defendant can file for a limited driving privilege after 45 days from the date of conviction. However they will have to give proof of an interlock device installed in their vehicle.
  • Defendants that are sentenced for Level A1, 1 or 2 DWI cannot petition for limited driving privilege.

To apply, the defendant should:

  • Have a valid driver’s license at the time of the offense,
  • Have a license that had been expired for less than a year at the time of offense,
  • Not be facing any other DWI charge or any outstanding DWI conviction other than the current case,
  • Be convicted for Level 3, 4 or 5 DWI.

Refusal Privilege – Limited Driving Privilege for Those Who Refuse For Breath Test

If you refuse to take the breath test following a DWI charge for any reason or the other, your license is revoked for one year immediately. During the first 6 months after the refusal, you can not apply for a limited driving privilege. However, after the six months, the defendant can apply for a limited driving privilege if:

  • The defendant’s license has been revoked for at least 6 months after refusal,
  • The defendant had a valid driver’s license at the time of the offense,
  • The defendant had a license that had been expired for less than a year at the time of offense,
  • No death or critical injuries were caused by the defendant’s DWI offense,
  • The defendant has not been convicted for any DWI offense for the past 7 years,
  • The defendant has not refused a breath test within the past seven (7) years,
  • The defendant has completed Completed-training or treatment per assessment from a certified center or has registered for participation in recommended training programs.
  • The defendant has fully complied with the condition of the suspended sentence

The final disposition for the allocation of limited driving privilege after refusal of breath analyzer test is in the hand of the court.

Other Requirements for Getting a Limited Driving Privilege

Aside from the above mentioned; a defendant for DWI also needs the following to apply for a successful limited driving privilege:

  • Proof of insurance,
  • Certified copy of a 7-year driving record (good only for 30 days)
  • Proof of Substance Abuse Assessment conducted by a certified substance abuse education center in North Carolina

Contact Johnson & Nicholson today to learn more about limited driving privilege and how to apply.

Interlock Info

An interlock is simply a device for testing the breath of a driver. When installed in your vehicle, a driver has to blow a breathe sample into the interlock to start the car. In case the interlock detects alcohol detects more than the permissible level of alcohol in breath, the vehicle won’t start saving the defendant further DWI offenses in the future.

Also, the driver has to periodically breathe on the interlocker at regular intervals to ensure that there is no alcohol (or only the minimum permissible level of alcohol) in their system.

*DWI Regulations: 10 A.N.C.A.C.  41B.0101-41B.0503

Who Needs an Interlock Installed in Their Vehicle?

  • Drivers who have been convicted for DWI in North Carolina need to have an interlock device installed on their vehicle for a minimum of one year to avail limited driving privilege.
  • Drivers whose driver’s license has been revoked because of any traffic violation or DWI also need to apply for an interlock.

At Johnson & Nicholson, we help our clients avoid any further DWI sentences and let them lead a normal lifestyle with several alternatives. We offer our clients interlock device installation by Monitech (www.monitechnc.com) who can also be contacted at 800-521-4246.

Contact Johnson & Nicholson Today to Discuss your Case and Avoid Serious DWI Sentencing

Have you been charged with a DWI sentence or are facing DWI conviction? Contact us now for a free consultation and we will help you apply for limited driving privilege in North Carolina.  Call Johnson & Nicholson at (877) 276-7648 for free consultation.

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