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

In 1983, North Carolina enacted the "Safe Roads Act" overturning previous statewide DWI laws and legal policies. This law enhanced law enforcements ability to concentrate on DWI offenders, and established precedents of mandatory consequences for those that choose to drive while impaired .The Safe Roads Act paved the way for North Carolina to becoming the state with the toughest DWI penalties in the nation. In 2006, North Carolina was listed as 1 of 14 states ranking lowest in alcohol related traffic fatalities, showing a decrease of -2.1% of fatalities within a year.

Under the Safe Roads Act, a person facing a DWI charge can be convicted of both a DWI offense and violating the state's "per se" law, you will likely face both charges. Like most states, North Carolina enforces its implied consent law and refusal to cooperate with a field sobriety test can result in consequences equal to that of an impaired driver. It is important to understand DWI offenses involve both the Criminal Justice system and North Carolina's Department of Transportation.

By law, an administrative revocation of driving privileges is immediate. The loss of these privileges will have an impact on your life in many ways. It will affect your criminal record, your driving record, potentially your job, family and your finances. For a first time offense, your privileges will be revoked for a 30 day waiting period and possibly up to one year if convicted. However, obtaining a limited license is an option providing you meet certain criteria and can provide the court with evidence demonstrating a significant need.

You may be eligible if you can prove any of the following:

You need a limited license in order to sustain gainful employment

You are the primary provider of your household

You are an active student

You will need a license to attend any court ordered or probation requirements, such as treatment or community service

Someone in your household has a severe medical condition that may need emergency treatment and you are the only one that can drive




What you need to know to obtaining a limited license:

Only a Judge can issue limited driving privileges, if your case has not gone to court yet, you may still apply, after 10 days of the incident if you submit a Chemical Dependency Evaluation as mandated by law to the court clerk. This action is petitioning the court for consideration.

You have gone to court and have been convicted, but 30 days have passed, your lawyer can request on your behalf limited


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