In Wake County, North Carolina, you may be eligible to obtain a limited driving privilege both, after 10 days from the date you turned in your license following a DWI charge, and following a 1st Offense DWI conviction. There are specific guidelines set by the NC General Statutes and the NC DMV which must be followed, however. For instance, you are not eligible to obtain a limited driving privilege for a second DWI conviction or alcohol related offense within a seven year period. So if you were convicted of a DWI in both 2013 and 2015, your license will most likely be suspended for 4 years and you will not be able to drive until 2019. Furthermore, for your first offense DWI, the soonest you can obtain a limited driving privilege during your 30 day suspension of your license is after ten days from the date of revocation; usually the date you were officially charged with the DWI. So essentially on day 11, you can file for a Limited Driving Privilege but you must file a Petition beforehand on day 10. And finally, It is possible to obtain an impaired driving limited driving privilege (LDP) immediately after a conviction for impaired driving, unless you registered a .15 (blood alcohol content) BAC or above (see our blog on Understanding the Limited Driving Privilege ), or refused a chemical test.
Here are the 7 steps to acquiring an impaired driving limited driving privilege during your 30 day license suspension and following a conviction for impaired driving in North Carolina:
Meet other eligibility requirements for obtaining a limited driving privilege. If you (a) have no other suspensions in effect at the time of request, (b) have not been convicted of a DWI in the last seven years, and (c) have no pending unresolved charges of DWI, then you likely are eligible to request a limited driving privilege. For more information please visit § 20-179.3. Limited driving privilege.
Obtain a DL-123 form from your auto insurance provider. You can accomplish this second step very quickly by calling up your auto insurance agent and having them fax the required DL-123 form to you. These forms are only valid for 30 days, however, so it is wise to wait until immediately before requesting the impaired driving limited driving privilege to obtain this form from your auto insurance provider.
Obtain an alcohol assessment. This is usually around $100.00. Many judges, particularly in Wake County, want to see that you have already pre-enrolled into your recommended classes. So it may not be a bad idea to pre-enroll into your classes whether you are going for a pretrial or post-trial limited driving privilege.
Side Note: Please read below if your blood alcohol content was .15 or above.
If you are convicted of a DWI and your BAC is .15 or above, you must wait 45 days before you can file for a limited driving privilege. So unfortunately this means you are not eligible to drive, period, for 45 days (Friends, Family, Lift and Uber may be a great resource during this time). After 45 days, you must show the judge that you have completed your recommended treatment from your substance abuse assessment, you must also furnish a receipt for installation of an ignition interlock device, and you must prepare an ignition interlock limited driving privilege form in the event (AOC-CR-312). Both sides of this two-sided form must be completed.
If you work during non-standard business hours, obtain a letter from your employer stating the hours that you are required to work. According to the limited driving privilege, standard business hours are Monday through Friday from 6 AM – 8 PM. If you are required to drive for work or employment purposes outside of these standard business hours, then you may need additional documentation from your employer stating either exactly what your hours for work are, or that you are on-call for 24 hours a day instead.
Take your driving privilege and other documents to clerk of court for filing instructions in the county where the implied consent offense was charged. This is the opportunity for you to present your limited driving privilege, DL-123, alcohol assessment, and letter from your employer (if that is necessary) to have your limited driving privilege signed and sealed. You can also take all these documents with you to your sentencing hearing and present them there to the district court judge that is entering the sentence on the DWI.
Pay $100.00 to the clerk’s office for the impaired driving limited driving privilege.
Drive only within the parameters of limited driving privilege! The restrictions of the geographic boundaries in which you can drive, the routes to and from your place of employment, and the times you will be driving on them are in effect throughout the entire duration you have the limited driving privilege.
You can access your North Carolina driving records using the NC DMV online service.
If you have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help dilligently defend your case. Contact us at Matheson Law Office for a free consultation on your case.