In North Carolina if someone has been charged or convicted of DWI his driver’s license will be revoked. It is possible to obtain a limited driving privilege so long as certain conditions are met, and the amount of time someone will have to wait to receive such a privilege depends on the level of DWI he is convicted of.
The procedure for obtaining a limited driving privilege varies depending on if someone is applying either pre-trial or post-trial, but the process overall is very similar.
In order to obtain a pre-trial driving privilege the accused must have a valid driver’s license or one that has been expired less than a year at the time of the offense. Someone is eligible for a pre-trial privilege after being suspended for 10 days.
In order to receive the privilege the accused must complete an assessment, provide a DL-123 from the insurance company, pay the civil revocation and privilege free (both of which are $100), provide a driving history, and have the DA sign the petition for the privilege. The privilege permits its holder to drive Monday – Friday from 6 am to 8 pm. If someone needs different hours than this, he must provide a letter from his work or self-employment affidavit. The privilege allows the driver to go to work, school, community service, treatment or drive for the maintenance of his household only.
In regards to a post-conviction limited driving privilege the requirements and allowances are the same as above. What varies here is what level DWI someone is convicted of. If someone is convicted of a DWI with a BAC less than 0.15 he is immediately eligible to receive the privilege so long as he completes all the steps above. If someone is convicted of DWI after having a BAC of 0.15 or greater than he must wait 45 days.
In addition he must receive an ignition interlock on his vehicle before the driving privilege will be granted. The driving allowances are the same except that the driver cannot drive for the purpose of maintenance of household. If for some reason the person convicted has to driver a vehicle for work that does not have an interlock on it he must get a written statement from the business owner.
The other scenario is if someone is convicted of refusal. In that case he will not be eligible until to get a driving privilege until his license has been revoked for at least six months and must receive assessment and treatment.
If you find yourself in the aforementioned situation, contact the law offices of Robert J. Reeves, P.C. locally at 704-499-9000 or toll free 877-374-5999.