- North Carolina DUI Law | What is a Limited Driving Privilege?
- July 30, 2012
- Law Firm: Matheson Law Office PLLC - Raleigh Office
- For those who have been charged with a Raleigh Driving While Intoxicated there are many things which happen to you all at once. As a Raleigh DWI Lawyer and Holly Springs DWI Lawyer, I am very familiar with what all these things are and what kind of trouble they can create for the person charged. One of the more confusing things that happens is restrictions/prohibitions on your ability to drive. Many of my North Carolina DWI Clients want to know regarding their North Carolina DWI Defense is when they are going to be able to drive again. This article will cover what will happen to those facing their first DWI, or at least their first DWI in a while. For those who have received multiple DWI's in a short period of time, when you are able to get your driving privileges back can be a complicated matter and should be discussed with your Raleigh DWI Attorney.
First thing that happens is your license is suspended for 30 days. Occasionally, if you are an out-of-state driver or if they drew your blood to get your blood/alcohol level, they may not take your license. For blood cases, if the results come back at .08 or above, you'll likely get a letter indicating your license has been suspended and must be turned over to the court. In either situation, when the 30 day suspension goes into effect, you are able to petition the court for a limited driving privilege after the first 10 days. There are several documents which you must present to the court and should be discussed with your attorney (or look on my website as I cover this in detail). A Limited Driving Privilege costs $100 to the court. Understand that a Limited Driving Privilege will restrict your driving to Monday through Friday, 6 AM to 8 PM for work, school, household and drug/alcohol counseling and/or classes. If you are in need to drive outside those hours or days for school or work, you'll need to present something in writing for the court to consider making an exception to the normal hours.
After the 30 days suspension, you can get your license back from the court, this costs $100 as well. There are no restrictions on your driving once you have your license back. I tell my clients that you can drive on it just as you did before you were charged.
If you are convicted of a DWI in North Carolina, your license will be suspended for one-year. During this year, you can petition the court for a limited driving privilege just as your did during your 30 day suspension with one exception. If you had a blood/alcohol level of .15 or above, you'll have to wait 45 days after your conviction before you can get your privilege AND you'll have the added requirement of having an Interlock device installed in your vehicle.
So, best case senario, if you are facing your first DWI, and you had a blood/alcohol level of .14 or below, you could potentially be unable to drive for a total of 10 days.
If you have received a DWI charge in North Carolina, contact a local DWI attorney for advice on your particular 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