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Limited Driving Privileges After a DWI Charge

Admin • November 6, 2016

If you are stopped and arrested for driving while intoxicated (DWI) in the state of North Carolina, one of the last things that the arresting officer is going to do is retain your driving license and inform you that they will be automatically revoked for the next 30 days.

If you are like most people, you probably need your driving privileges to get back and forth to work and to take care of your family. Fortunately, you may be able to qualify for limited driving privileges if you meet certain criteria.

What Are Limited Driving Privileges?

In North Carolina and many other states, the court has the discretion to issue you temporary driving privileges that will allow you to go certain places. These include:

Work
School
Places you need to take your family
Court-ordered treatment or assessments
Community service
Medical appointments
Church

These privileges may be limited to certain hours of the day and/or for limited amounts of time. Standard work hours are normally defined as 6:00 a.m.–8:00 p.m. Monday through Friday, although the court may be willing to make concessions as long as you show proper documentation as to why you will need to drive outside of these hours.

The duration of the privileges, as well as how soon you will be eligible to receive privileges, will be dependent upon whether they are granted pre-trial, post-trial or as a result of you losing your license for refusal to take a breathalyzer test.

How Do You Qualify?

If you are attempting to get limited driving privileges pre-trial, you could possibly be eligible as soon as 10 days after you privileges have been revoked, but privileges are not guaranteed.

To expedite the matter, it is important that you hire an experienced DWI Attorney. Barrett & Howell Attorneys At Law are an experienced firm who will be able to work closely with you to help make sure you have everything you need in order to get privileges as quickly as possible.

To qualify, you must provide the following:

Proof that you had an unexpired driving license at the time you were stopped
Proof that you have had no other DWIs in the last seven (7) years
Proof of insurance or a DL 123 form
Proof of a substance abuse assessment
$100 for the clerk of court

Your attorneys will help you gather the information you need, as well as prepare the documentation you will need to submit to the court. Once your privileges are granted, they will be good until the 30th day following your conviction. At that time, you will need to pay the required restoration fee and your driver's license will be returned to you.

If you are attempting to qualify post-trial, you will need to submit all of the above, but if you have blown more than a 0.15 on a breathalyzer, you will not qualify for privileges for 45 days following your conviction. If there are mitigating factors and you have been convicted of a Level I or Level II offense, you will not be eligible for privileges for one year.

If your driving license is revoked for a year for failing to take a breathalyzer test, you will not be eligible to even apply for privileges for the first six months. Privileges will then have to be approved by the Department of Motor Vehicles.

Do not take the chance of driving illegally on a revoked license. If you are stopped, this will make your legal problems even worse. Call Barrett & Howell Attorneys at Law as quickly as possible so that they can help you get back on the road.

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