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Legal information: How to obtain limited driving privileges after a DUI arrest in North Carolina

by Sharon Cullars

Created on: November 30, 2008   Last Updated: February 07, 2011

If you are arrested for a DUI in the state of North Carolina, one of the possible penalties you face is revocation of your driving privileges, sometimes for months. And if you refuse to take a breathalyzer test, under the state's implied consent laws, you may also face immediate license seizure as well as a minimum one-year revocation period. In the case where you have lost your driving privileges due to a DUI arrest or conviction, there are steps you can take to restore some of those privileges depending on the circumstances of the offense.

If your blood alcohol level tested at .08 or higher at the time of your arrest, the law allows an immediate 30-day revocation of your privileges. After 10 days, however, you may seek pre-trial restoration of those privileges. First, your license must be valid at the time of your request. Also, you will be restricted to when and where you can go, and standard hours run from 6 am to 8 pm. These restrictions still allow most commuters to travel to and from work within reasonable hours. If your job requires you to travel outside those standard hours, you can apply through a letter written on letterhead stating the hours you need to travel. If the court issues you a limited driving privilege, you must pay $100 to the clerk of the superior court. If you do not, your privileges will be invalidated. The process can be complicated for some, therefore, certain firms offer help in filling out the many requisite forms.

North Carolina has five levels of DUI (called DWI in NC) punishment, each with varying fines and revocation periods. The most stringent is levels have permanent revocations.

Level 5:

Drivers License Suspension: 1 year (30 days without restricted driving privileges)
Fine: up to $200
Jail: 24 hours (minimum) to 60 days (maximum)
Community Service: 24 hours
Possible substance abuse assessment and education or treatment

Level 4:

Drivers License Suspension: 4 years (no restricted driving privileges if 2nd offense within 3 years of 1st offense)
Fine: Up to $500
Jail: 2 days to 120 days
Community Service: 24 hours
Possible substance abuse assessment and education or treatment

Level 3:

Drivers License Suspension: permanent revocation (if prior within 5 years of 3rd offense)
Fine: Up to $1,000
Jail: 72 hours to 6 months
Community Service: 72 hours or 90 day license forfeiture in lieu of jail time
Possible substance abuse assessment and education or treatment

Level 2:

Drivers License Suspension: permanent revocation (if prior within 5 years

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