Following a DWI conviction in North Carolina, you will likely face the reality of living without a driver’s license for a period of time. This can cause you to face several hardships. Perhaps you are unable to get to work in Wilmington or cannot take your children to school or doctor’s appointments in Leland. Understanding how to get a limited driving privilege after a DWI in North Carolina can prove essential to your livelihood, relationships, and future.
Valid Reasons for Seeking Limited Driving Privileges After a DWI
In North Carolina, the ability to drive is considered a privilege. When an individual violates traffic law or drives while intoxicated or under the influence of drugs, they can swiftly lose this privilege and face more than a fine or possible jail time.
Individuals convicted of a DWI can also have their driving privileges revoked and face a permanent stain on their criminal record. The unemployment rate for people with convictions and criminal records alone is 30%, and if your job requires you to drive, you risk the possibility of losing your employment completely.
In 2024 alone, 804,926 Americans were arrested for suspected DWI, and 30% of offenders are repeats. However, even with a conviction on your record, under certain circumstances, you may be able to obtain a limited driving privilege, or an LDP.
These are also referred to as restricted licenses and are court-issued orders that allow you to drive under very limited, specific circumstances. However, there is never a guarantee that a judge will grant your request, which is where a DWI defense lawyer can come into play.
In most cases, an LDP will allow an individual to drive Monday through Friday, between the hours of 6 AM and 8 PM, for very particular and valid reasons, incluyendo:
- The ability to get to and from work
- The ability to stay on top of any necessary household maintenance
- Getting to and from school
- Receiving emergency medical treatment
- The ability to pursue community service if required as a part of your sentence
- The ability to attend any court-ordered, mandatory alcohol treatment, assessment, or educational classes
At Christina Rivenbark & Associates, we are here to look over your case and your life circumstances and help determine whether an LDP is possible for you.
North Carolina Eligibility Requirements for Limited Driving Privileges
En Carolina del Norte, according to state law, you will be dealt an automatic 30-day driver’s license revocation if you are charged with a DWI after driving with a blood alcohol content level, or BAC, of 0.08% or higher, if you are found with a BAC of 0.04% of higher when driving a commercial vehicle, or any level above 0.01% if you are under the legal drinking age of 21.
However, also in accordance with state law, you may be able to seek a limited driving privilege after 10 days have passed from said revocation if the following eligibility requirements are met:
- There is no other DWI charge currently pending against you, nor is there any new DWI conviction for a case that has arisen since the date of arrest for your current case.
- When the alleged DWI offense took place, you had either a valid driver’s license or a license that had expired for less than one year.
- You have pursued a substance abuse assessment from a qualifying mental health facility and have agreed to and registered for participating in a recommended training or treatment program.
- Your driver’s license has been revoked for at least 10 days if the period of legal revocation was set for 30 days, or your license has been revoked for at least 30 days under a 45-day revocation period.
Acerca de Christina Rivenbark & Associates
For over 30 years, the team at Christina Rivenbark y Asociados has been defending the rights and privileges of those accused and convicted of DWI charges in Carolina del Norte. We use our knowledge and experience regarding local courts, judges, and prosecutors to your advantage when seeking the most desirable outcome.
Preguntas frecuentes
What Do I Need to Provide When Petitioning the Court for an LDP?
If you meet the eligibility requirements for obtaining an LDP, there are certain things you will need to provide the court with when you petition for said LDP. These things include proof of insurance in the form of a specific document referred to as a DL 123, proof that you completed any required substance abuse assessment and enrolled in treatment, a certified copy of your driving history, and an official petition for limited driving privilege.
How Much Does It Cost to Hire a DWI Defense Lawyer in NC?
The costs involved when hiring a DWI defense lawyer will vary case-to-case and lawyer-to-lawyer. Every lawyer will treat a DWI case differently, yet there are certain factors that can affect all DWI case costs, including the duration of your case, the intricacy of your case, and the education, skill level, and overall experience of the attorney you hire.
What Defenses Can Be Used in a DWI Case?
In an original DWI case, there are several defenses that can be used to avoid conviction and the loss of your driving privileges. These defenses include challenging the legality of the traffic stop that resulted in your arrest, questioning the accuracy of any chemical or field sobriety tests that were administered, and proving that your constitutional rights were violated.
Can I Seek an LDP if I Refused a Breath Test During My Original Arrest?
If you refused to submit to a breath test during your original DWI arrest, you will face an automatic license revocation by the DMV for one year. In these cases, you will not be allowed to apply for any kind of limited driving privilege until at least six months have passed since the official beginning of the revocation period.
Hire a DWI Lawyer Today
When you need to hire a DWI lawyer you know you can trust, the attorneys at Christina Rivenbark & Associates are here to serve you. We know that having your driver’s privileges taken away is frightening and can leave many things uncertain. What is certain is that we are here to help. Contact our Wilmington or Leland offices today and schedule a consultation with a criminal defense lawyer who’s got your back.
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