4 of 5

Write now Article Tools

Should you become the unfortunate recipient of a Driving While Impaired (DWI) citation in the state of North Carolina, your chance of receiving limited legal driving privileges to go to work can depend on who you know. The best person to know in this awkward, embarrassing situation is an attorney. Not just any attorney, but an attorney practiced and well versed in the laws of NC DWI.

In most cases, this charge invokes a mandatory revocation of ones' license for 30 days, however, an interim limited driving privilege can be issued and effective 10 days after the occurrence. The driving privilege is issued by court order only; do not be surprised if the judge reminds you this is a privilege, not a right. This privilege, if extended, will allow you to drive in a limited capacity until your court date.

Documentation, including forms and a letter from you employer are required. These will vary depending upon the circumstances surrounding your citation and the status of your driver's license. No other revocations can be pending or in place against your license. A myriad of complex stipulations will apply. Did you refuse a breath or blood test to determine the level of intoxication? If you took the test, was your blood alcohol level above .16%? The average driver will need an accomplished attorney to sort through the details. The sooner one retains a lawyer, the better their chance of the case going smoothly.

Automobile insurance must be current. The privilege cannot be extended to the uninsured. Be prepared to take an alcohol assessment as well. Expect to pay a fee for this assessment, as well as a fee for privileges. Conviction on the charges may require community service or self-help meetings, such as Alcoholics Anonymous (AA).

Should you be convicted, extended driving privileges may be available. Make sure your attorney knows your specific travel needs. Does a family member have a medical condition, which may require unexpected trips to the doctor or hospital? Do you care for aging parents who do not live with you? Are you sometimes on call at odd hours for your job?

Hours for a limited driving privilege in NC are normally from 6 a.m. to 8 p.m., Monday-Friday. If these hours will not cover all obligations, your lawyer may request additional hours for your limited privilege.

Previously a ticket for Driving Under the Influence of alcohol (DUI); DWI now includes any substance, legal or illegal, which impairs ones' ability to drive. Video recorders may be used to capture the episode and new batteries of roadside testing are used to determine ones' state of impairment.

DWI laws in NC are increasingly complex and constricting. Each new year sees the addition of more detail, designed to virtually eliminate those with convictions from the roadway. Aggravating and mitigating factors may be considered in one's charges and/or conviction and the possibility of receiving driving privileges figures into this complexity. An expert legal professional is your best solution to this unfortunate situation.

Learn more about this author, Becca Badgett.
Click here to send this author comments or questions.

Add your voice

Know something about Legal information: How to obtain limited driving privileges after a DUI arrest in North Carolina?
We want to hear your view. Write now!