by Duane Craig

Created on: November 30, 2008   Last Updated: February 10, 2009

In North Carolina, people operating private motor vehicles can immediately loose their driving privileges for 30 days if chemical analysis tests indicate they have been driving under the influence of an impairing substance, have a 0.08 or higher blood alcohol content, have controlled substances in their blood or urine, or refuse a chemical analysis test (Intoxilyzer or blood alcohol test). These offenses are all generally referred to as driving while impaired, DWI.

But there is a mechanism that allows those charged with this offense to request limited driving privileges while waiting for their day in court and they can apply for this 10 days after their license is revoked as long as: At the time of the offense they held a valid driver's license, or a license that had been expired for less than one year; They don't have any other convictions or pending charges for impaired driving; There was no death or critical injury to another person; The person's license has been revoked for at least 10 days; And the person obtained a substance abuse assessment and has agreed to register for and participate in any training or treatment program.

The typical conditions relating to the limited driving privilege are defined in North Carolina's General Statute 20-179.3. This privilege is a judgement issued by the court with jurisdiction, (usually the court within the locale where the defendant lives), and its intention is to allow the person to drive for essential reasons. These reasons include going to and from work, to and from school, to and from court-ordered treatment or assessment, for emergency medical care, and in order to maintain his or her household.

With the exception of driving for emergency medical care all other purposes for driving are subject to specific hours and days. A person who works standard hours, defined as between 6 a.m. and 8 p.m., can only drive during those hours Monday through Friday. If a person has non-standard working hours, or is self-employed, then he or she must present evidence of those hours to the judge who then decides if in fact the person needs to be able to drive at those times in order to continue to earn a living.

It is possible that a limited driving privilege order will only allow driving for maintenance of the household during standard hours, and there may be further restrictions placed on that driving. Those other kinds of restrictions could include the requirement that the person only operate a particular motor vehicle and even that the person activate an ignition interlock system before being able to start the vehicle.

A person who refuses a blood alcohol or Intoxilyzer test at the time of arrest for DWI may also apply for limited driving privileges but only after their license has been revoked for six months - the punishment period for refusing the test. They also must meet seven other conditions as outlined in the North Carolina General Statute 20-16.2.(el). These other conditions are concerned with how long the person has had a valid driver's license, whether or not they have previously refused a test and how long it has been since they were last involved in a DWI incident.

The specific process for applying for the limited driving privilege is involved enough to warrant getting the assistance of a lawyer who has experience with North Carolina General Statutes related to the motor vehicle code.

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