Limited Driving Privileges and Restricted Licenses After a DWI
After being convicted of a DWI/DUI in Wake County, you may be eligible for a limited driving privilege (LDP), also called a work license. This is important for you to be able to drive for your job, school, or family responsibilities. Because driving is a privilege and not a right, you can have your license revoked or suspended after being convicted of a DWI. With an experienced, knowledgeable legal representative such as the Raleigh DWI lawyers at Sandman, Finn, & Fitzhugh, you may be able to gain limited driving privileges (LDP) to be able to drive to certain places at certain times of the day.
At Sandman, Finn, & Fitzhugh Attorneys at Law, we have over 60 years of combined legal experience bringing legal solutions to our clients and striving to protect your freedom and future. We know the ins and outs of DWI/DUI convictions, when it is possible to, and how to secure LDPs.
Limited Driving Privileges after DWI Conviction
A limited driving privilege (LDP) is also referred to as a hardship or restricted license. It is a court-issued order that lets a person drive under limited circumstances. There is no guarantee that a judge will grant a request for one. Typically, an LDP is a license to drive between the hours of 6 a.m. and 8 p.m., Monday through Friday, for a specific reason and purpose such as:
- Work
- Household maintenance
- School
- Attendance at court-ordered treatment or assessment
- Community service required as part of a sentence
- Emergency medical treatment
Situations Regarding Limited Driving Privileges Post-Arrest
Pre-Trial License Revocation and Limited Driving Privilege
The North Carolina General Statute § 20-16.5 states that you will face an automatic 30-day revocation of your driver’s license if you are charged with a DWI after blowing .08 or higher on an approved chemical analysis test, or a .04 if driving a commercial vehicle, or any level .01 or higher if the driver is under 21 years of age.
However, you can obtain a limited driving privilege after 10 days have passed from the revocation if all of these conditions are met:
- When the alleged offense occurred, the individual had either a valid driver’s license or a license that had been expired for less than a year.
- There is no other pending DWI charge, nor is there a new conviction for a DWI since the date of arrest in the current case.
- The individual’s license has been revoked for at least 10 days if the revocation is for 30 days, or at least 30 days if the revocation is for 45 days.
- The individual has obtained a substance abuse assessment from a mental health facility and registers for and agrees to participate in any recommended training or treatment.
If the above conditions are met, you are eligible to petition the court for a limited driving privilege. We, as your representative at Sandman, Finn, & Fitzhugh, with you would provide the following to the court:
- Proof of insurance, in the form of a document called a DL 123
- Proof that you have completed a substance abuse assessment and enrolled in the recommended treatment
- A certified copy of your 7-year driving history from the NC Department of Motor Vehicles
- A Petition for Limited Driving Privilege (AOC-CVR-9) and LDP Order (AOC-CVR-10 or AOC-CVR-11)
- A cashier’s check or cash in the amount of $100 to the clerk of the court
Once these materials are collected, we can petition the court on your behalf. You do not have to go to the court. Be aware that the privilege expires at the end of the term of the original revocation, generally 30 or 45 days. At the end of that period, you must pay an additional fee to have your regular driver’s license reinstated while your case is pending.
Post-DWI Conviction Limited Driving Privilege
With a conviction of a DWI, you face a second revocation of your driver’s license. With a first-time DWI conviction, you must have your license revoked for a year. That is mandatory. In many cases, you are eligible for an LDP during the post-DWI revocation period. We can assist in this process. This is independent and separate from the pre-trial revocation and LDP procedure discussed above.
Limited Driving Privilege After Refusing a Breath Test
Other rules apply if you refuse to submit to a chemical analysis (i.e., breathalyzer test) following a DWI arrest. When you refuse a breathalyzer test, you face an automatic revocation of one year by the DMV. In case of a revocation based on a refusal, you are not eligible to apply for a limited driving privilege until six months have passed since the beginning of the revocation period.
Why You Need a DWI Lawyer
You may feel helpless after being arrested for a Driving While Impaired charge. However, an experienced DWI lawyer can work to have charges dropped or minimize the penalty as well as move through the process to get a limited driving privilege. At Sandman, Finn, & Fitzhugh, we understand a client’s predicament in going to jail and losing driving privileges. Your life, as well as that of your family, can be severely disrupted. Hiring the right lawyer can make all the difference in going forward.
Schedule a Consultation with Our Raleigh DWI Lawyers
Time is critical when you are arrested for a DWI in Wake County. It’s important to take immediate action so that there are no missteps from the beginning. You can trust our DWI defense lawyers to have the strategies that work and begin the process without delay. No two cases are the same. But, because we have years of assisting DWI cases specifically in Wake County, we know how to successfully defend you. Contact us for a free consultation at (919) 845-6688 or fill out our contact form to get started.