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

by Sandie Mcgary

Driving while impaired, as we all know, is a serious offense. But what exactly happens to your driving privileges in the state of North Carolina if you are convicted of a DUI? Initially once you have been formally charged, your drivers license is automatically revoked for at least 30 days. Punishments for DUI can vary depending upon the severity of each case. For the first offense, provided there were no accidents or deaths involved, you can generally expect a mandatory revocation of your drivers license for one year. Other punishments may include but are not limited to a fine up to $2000 dollars, up to 24 hours of imprisonment(but in some cases a longer sentence can be imposed), up to 24 hours of community service and 30 days without a limited drivers license. Without proper guidance from an attorney that has been well versed in the do's and don'ts of handling a DUI could be quite costly when it comes to the possibility of being awarded the privilege of a limited drivers license. Without one, getting to and from work could become quite challenging and eventually cost you your livelihood.

The definition of limited driving privileges as stated in the North Carolina General Statute 20-179.3 are as follows: A limited driving privilege is a judgement issued in the discretion of a court for good cause shown authorizing a person with a revoked driver's license to drive for essential purposes related to any of the following, employment, maintenance of household, education, court ordered treatment or assessment, community service or emergency medical care.

In order for someone to be eligible for a limited license, they must meet the following requirements: at the time of the offense they must have a valid driver's license or a license that had been expired for less than one year, within the last seven years they may not have been convicted of driving while impaired, they had no other prior impaired offenses already pending at the time of the offense and the offender has filed with the court a substance abuse assessment.Generally those that are on their second or third offense will not have the opportunity for a limited license. 

It is always best to contact an attorney as soon a feasibly possible once you have been formally charged with a DUI. An attorney can properly walk you through the steps of petitioning the courts for a limited license. Once you have been issued a limited license, it is imperative to find out what stipulations may apply to you. In many cases there are time limits as to when you are permitted to drive. They usually pertain to whatever hours you typically work. Driving outside of your permitted time frames can and will result in the immediate revocation of your limited license and will impede the possibilities of receiving another.

Any additional information may be obtained through the North Carolina General statute. The Statute provides detailed information as to what one may expect if charged and convicted of a DUI, although it does not take the place of an experienced attorney.

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