DWI Pre-Trial Drivers License 30 Day Revocation & Limited Driving Privilege
Pursuant to N.C.G.S. §20-16.5, in North Carolina your drivers license will be suspended for 30 days if you:
- Have been charged with a DWI after blowing a 0.08 or higher;
- Have been charged with a DWI after blowing a 0.04 if you are driving a commercial vehicle; and
- If you are at any level greater than a 0.01 BAC or higher and you are under 21 years of age.
It is important to contact a criminal defense attorney immediately if you have been charged with a DWI in Raleigh or Wake County. You are eligible to obtain a limited driving privilege after 10 days have passed following revocation of your drivers license (arrest date) for a DWI charge. There are several requirements outlined below that you will need to accomplish in a short amount of time in order to petition for a limited driving privilege, so time is of the essence.
Chris Dozier is a skilled Raleigh DWI attorney and he will work quickly to get you back on the road driving because he understands how important being able to drive is to you. For a free consultation regarding your DWI charge, contact Dozier Law Firm, PLLC today. We offer aggressive and experienced representation at affordable rates.
To petition for a limited driving privilege, you will be required to meet the following conditions:
- At the time of the DWI offense, the accused impaired driver had either a valid drivers license or a drivers license that had been expired for less than a year;
- The accused impaired driver does not have another pending DWI charge, or a new conviction for a DWI since the date of arrest in the current case;
- The accused impaired driver has had his/her driver’s license revoked for at least 10 days if the revocation is for 30 days, or at least 30 days if the revocation is for 45 days; and
- The accused impaired driver has obtained a substance abuse assessment from a mental health facility and registers for and agrees to participate in any of the recommended training or treatment.
- To find a list of assessment providers click here.
If the accused impaired driver qualifies for the above conditions, you or your criminal defense attorney can file a Petition for Limited Driving Privilege with the court. Upon a hearing date being set (usually the day after the petition is filed), you or your criminal defense attorney will need to provide the following documents to the court, along with a Limited Driving Privilege Order (either AOC-CVR-10 or AOC-CVR-11):
- Proof of insurance using a form called a DL-123 (contact your insurance company for this form);
- Proof of completion of a substance abuse assessment and proof that you have enrolled in recommended treatment (usually $100);
- A certified copy of your 7-year driving history from the DMV (sometimes the alcohol assessment agency will provide you with this free of charge).
- A cashier’s check or cash in the amount of $100 payable to the Clerk of Court.
If you have retained a criminal defense attorney, your appearance will not be required at the hearing for your limited driving privilege. If the court grants an accused impaired driver with a limited driving privilege, at the expiration of the privilege you will still need to return to court and pay the Clerk of Court and additional $100 reinstatement fee in order to have your regular driver’s license fully reinstated while your DWI case is pending trial. If you do not have your drivers license reinstated after your limited privilege has expired and you are stopped by the police, you may get charged with driving on a suspended license as a result of an impaired driving revocation which is a class 1 misdemeanor.
Scope of Limited Driving Privilege:
- While driving with a limited driving privilege, you may not drink alcohol while driving or drive while any alcohol remains in your body (BAC of 0.00).
- You may not drive while having a controlled substance in his/her body unless such controlled substance was lawfully obtained and taken in therapeutically approved amounts.
- A limited driving privilege DOES NOT include the privilege of operating a commercial motor vehicle as defined in G.S. 20-4.01(3d).
- Driving when essential for emergency medical care is authorized at any time.
- Standard working hours are from 6 AM to 8 PM, Monday – Friday (permitted during this time for work, maintenance of the household, educational purposes, attending alcohol assessments, treatments of driving school).
- Non-standard hours and days may be allowed if additional documentation is provided to the court from either your employer stating your non-standard work hours and days or from your school class schedule.
Driving Outside of Your Privilege, After Expiration or Without a Privilege:
Beware, if your drivers license has been suspended for 30 or 45 days as a result of a DWI charge and you are caught driving by the police either (1) without a limited driving privilege, or (2) outside the scope of your limited driving privilege, you may be charged with driving while license revoked for an impaired driving revocation which is a class 1 misdemeanor.
Fee free to call our office at (919) 443-0911 if you have questions or need the advice of a Raleigh DWI Lawyer.