Though most people are aware that a North Carolina DWI conviction carries with it a mandatory license suspension, most people are not aware of what that specifically means. As a Raleigh DWI Lawyer and Durham DWI Lawyer, I have many clients who have lost their license as a result of a DWI charge, as well as those that are convicted in N.C. courts of Driving While Intoxicated. Trying to get my clients back on the road as soon as possible is a part of my representation of them as their North Carolina DWI Attorney. In order to do that, I utilize a 'Limited Driving Privilege;' but what most are not aware of, your North Carolina Driver's License can be suspended for a DWI or DUI conviction in another state.
Under N.C. law, anyone convicted of a North Carolina DWI charge in this state will have a mandatory one year suspension of their driving privileges. It should be noted this is not the only way for a Driver's license to be suspended, several charges which carry high points under the North Carolina Points System can result in suspension of driving privileges. For most, the option to petition the court for a Limited Driving Privilege is available to them. A Limited Driving Privilege (or L.D.P.) is a court order permitting the holder of the Privilege to drive during restricted times, namely Monday through Friday, 6:00 A.M. to 8:00 P.M. for school, work, and household needs. There can be exceptions for driving outside those times for school or work purposes, but the court will need to approve them. For L.D.P.s obtained due to a North Carolina DWI conviction, it's a pretty straight forward process. There are certain documentations that are needed and $100 fine, then a District Court Judge will (hopefully) approve the Privilege and sign it. Once it is certified by the court, the Privilege acts as the holder's Driver's license during the license suspension period.
However, when an N.C. License holder receives a DWI/DUI/OUI conviction in another State, and the North Carolina Department of Motor Vehicle learns of it, they are permitted to suspend that Driver's North Carolina License for 1 year. The DMV is not obligated to provide a hearing (like they are in cases of Defendant's charged with a N.C. DWI who refused to provide a breath sample in the Intoxilyzer). In these instances, the Driver can petition the Court for a Limited Driving Privileges as well, but there are a few differences from a normal Privilege under a N.C. DWI. First, in addition to all of the paperwork normally necessary, the Driver must Petition the court for a hearing on the Privilege (in some North Carolina jurisdictions, that is a requirement for any L.D.P.). They must also fill out a Civil Filing form as this is a civil matter, not a criminal matter like most Limited Driving Privileges. In addition, since this is a civil matter, instead of the $100 that must be paid to the court, there is a $100 fee to the civil court as well as a $150 filing fee (for a total of $250). Lastly, where any District Court Judge may sign other Limited Driving Privileges, only the Chief District Court Judge can approve a Limited Driving Privilege for an out-of-state DWI/DUI/OUI conviction.
If you are in need of a Limited Driving Privilege and/or are facing a Driving While Intoxicated case here in North Carolina, speak with a local North Carolina DWI Lawyer for advice on how to handle your case.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.