When a person is arrested for impaired driving—THIS IS INCORRECT – NC IS “Driving while Impaired” NOT intoxicated (DWI)—in North Carolina, one of the immediate and most damaging punishments is the loss of a driver’s license. People arrested for DWI automatically have their licenses suspended for 30 days, and driving privileges are revoked for at least one year if ultimately convicted.
Many people rely on their driver’s licenses in order to get to and from work or school in the Raleigh area. The idea of not driving for several months is simply not feasible, but for those that find themselves in the unfortunate situation of having a DWI, the law allows for the continued privilege to drive for specific purposes during specific times.
If you were recently arrested for DWI in the greater Wake County area, do not assume that your only option to get from place to place over the next year is public transportation or rides from friends and family. Coolidge Law Firm helps clients in and around Raleigh who have had their licenses suspended or revoked because of an impaired driving arrest.
Our Wake County limited driving privilege attorneys represent residents of such communities as Apex, Cary, Fuquay-Varina, Garner, Holly Springs, Morrisville, and Wake Forest. We can review your case and discuss all of your legal options as soon as you call (919) 239-8448 right now to schedule a free, confidential consultation.
North Carolina General Statute § 20-179.3 states that a person convicted of impaired driving is eligible for a limited driving permit if:
Applicants for limited driving privileges will also need to obtain a specific kind of proof of vehicle liability insurance coverage from their insurance companies called a DL-123 form. A fee of $100 must be paid to the Clerk of the Court when applying for limited driving permits.
An alleged offender’s blood alcohol concentration (BAC) or any refusal to submit to chemical testing can cause additional requirements in order to be granted a limited driving permit. The privilege restrictions differ as follows:
The specific restrictions of a limited driving privilege are in the discretion of the court. For example, certain privileges may not allow driving for maintenance of the household except during standard working hours.
Under North Carolina General Statute § 20-179.3(f1), standard working hours are defined as being 6:00 A.M. to 8:00 P.M. on Monday through Friday. This definition can pose a significant problem for students taking night classes or people who work jobs with nonconventional hours.
Section (g1) of this statute does establish ways in which motorists can be granted limited driving privileges for nonstandard working hours. If an applicant is required to drive during such hours for “an essential work-related purpose,” then he needs to present proper documentation before the judge will authorize him to drive for such purpose during those hours.
The limitations of the privilege will be based on the information provided by the applicant:
North Carolina Division of Motor Vehicles (DMV) | Suspensions — This section of the DMV website touches on some of the common suspensions and revocations in North Carolina. It has a chart covering different offenses and their respective lengths of suspension or revocation, whether discretionary pre-hearings allowed, and what the specific related suspensions statutes are. You can also find answers to frequently asked questions about limited driving privileges, ignition interlock requirements, and substance abuse assessments.
North Carolina DMV Headquarters
1100 New Bern Avenue
Raleigh, NC 27697
Petition For Limited Driving Privilege Pretrial Revocation (Implied-Consent Offense) — This is one of the forms that you will be required to provide the court if you are seeking a limited driving permit. You will also be required to submit a Limited Driving Privilege Pretrial Revocation (Implied-Consent Offense) or Limited Driving Privilege Indefinite Pretrial Revocation (Implied-Consent Offense). Additionally, the court will require a copy of your seven-year driving history from the North Carolina DMV.
Were you recently arrested for DWI in North Carolina but need to drive in order to remain gainfully employed or support dependents in your household? You could be eligible for a limited driving permit.
Coolidge Law Firm represents clients throughout the Raleigh area, and we also defend students at such local institutions of higher learning as Duke University, Meredith College, North Carolina State University, Shaw University, the University of North Carolina at Chapel Hill (UNC), Wake Technical Community College (Wake Tech), and William Peace University. Our Wake County criminal defense attorneys will provide a complete evaluation of your case when you call (919) 239-8448 today to take advantage of a completely free initial consultation.