Limited Driving Privileges (LDP) with DWI – North Carolina
In North Carolina, getting a DWI charge automatically revokes your license for at least 30 days from the date of arrest. If you are ultimately convicted of the DWI charge, then your license will be revoked for a set period of time that begins from the date of conviction. However, limited driving privileges are available for many people with DWI charges, which allows you to drive for purposes like work and school. It is good to speak with a DWI Attorney before making major decisions regarding your case.
Limited driving privileges generally allow the person with the revoked license to drive for work and school on Monday through Friday between 6 am and 8 pm. If you must drive outside of these hours for your commitments, then you’ll need to get a class schedule from school or a letter from your employer to demonstrate a need for special accommodation with your LDP.
North Carolina code N.C.G.S. § 20 16.5 dictates that your license will automatically be revoked for 30 days if you receive a DWI charge with a BAC of 0.08+. If you happen to be driving a commercial vehicle, then the limit is 0.04, and if you are under 21 and driving a commercial vehicle, then the limit is 0.01.
You can seek limited driving privilege if all of the following apply:
- You had a valid license or a license that expired less than a year ago at the time of the offense.
- You do not have any new DWI convictions or charges since the date of arrest.
- Your license has been suspended for at least ten days for a 30 day revocation or at least 30 days for a 45 day revocation.
- You have participated in substance abuse assessment and/or treatment from a mental health facility.
As long as those conditions are met, you can provide the following evidence to petition the court for limited driving privileges:
- Proof of insurance with DL 123 document, which you can get from your insurance company.
- Proof of substance abuse assessment and/or treatment from mental health facility, which you can get from the facility.
- Proof of your driving history from the past seven years, which you can get from the DMV
- Limited Driving Privilege Petition and Order (AOC-CVR-9 and AOC-CVR-10 or -11)
- $100 in a cashier’s check or cash for the clerk of the court.
If your attorney petitions the court on your behalf, then you do not have to appear in court. LDP hearings are held in Wake County in Courtroom 1A at 11 am on Monday through Friday. If you do receive pre-trial LDPs, they will expire at the end of the original suspension term, which is 30 to 45 days in most cases. Once this term ends, you will have to get your license reinstated by paying an additional fee.
LDP with DWI Conviction
Your license will be revoked for a second time if you are convicted of a DWI. The first conviction comes with mandatory suspension of your license for one full year. LDPs are still available at this time, and your attorney can help you to petition the court for the privilege to drive to work or school.
LDP After Refusing Breath Test
If you refuse the chemical analysis of your breath after being arrested, your license will automatically be revoked by the DMV for one year. You can challenge this if you had a valid reason to refuse (such as a medical condition) or if you did not actually refuse the test as they claim. If you have your license revoked for this reason, then you cannot seek LDPs until at least six months have gone by.