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 privileges be invoked at the time of the hearing.
You have not had a previous DWI conviction within the last 7 years
If at the time of incident, you had a valid driver's license, or one that had expired within one year
Limited Licenses are just that- limited. You will need to provide proof of place of employment, the days and hours that you are scheduled, especially if they are not standard working hours (between 6 a.m. to 8 p.m.), additionally you will need to include geographic information as to the locations you will travel to and from. Know beforehand, that the license only grants permission to travel to and from specified and agreed upon locations. If you are pulled over for any reason and are running an errand, which is generally not permitted, you may lose your limited privileges and further suspension may result.
If you have been charged with a DWI in another State your privileges will be revoked in North Carolina. The court system will work collaboratively with the state in which you were convicted and apply subsequent penalties. For example, if the state where you received a DWI revoked license privileges, barring application for temporary licenses for a period of 60 days your application for a limited license may not be considered.
The first step in obtaining a limited license is to schedule the Alcohol and Drug Substance Abuse Assessment that will cost around $100.00. You do not need an attorney to apply for a limited license. You can submit the assessment and required paperwork to the court clerk; however, your insurance company will need to provide proof of insurance to the court directly. If a limited license is approved, the Judge will notify NCDoT that you have limited driving privileges reinstated. Once they have received notification from the court you will receive a paper copy providing proof from the NCDoT wither in person or through the mail.