How do I get a driver's license to get to work, school, and church?
Trivino’s 2-cents: You lost your license because of a DWI, but you need to go to work, school, and/or church. What should you do? Apply for a Limited Driving Privilege.
If your driver's license was suspended or revoked for a DWI or DUI, how do you get a license to drive to work, school, and/or church? What is a Limited Driving Privilege?
In North Carolina, if you plead guilty or are found guilty of Driving While Impaired ("DWI") then the Judge will revoke your driving privileges for a minimum of 1-year, sometimes longer depending on your driving history. This means, the Judge has ordered you to stop driving. If the police catch you driving while your license is revoked, then you will be charged with the criminal offense of Driving While License Revoked for Impaired Revocation, a class 1 misdemeanor, which carries a maximum jail time of 120-days.
You might be asking yourself, how am I going to get to work if I can't drive? How will I get to school if my license is revoked? Will I have to stop attending Church because my license is suspended?
The short answer: It depends on the factors in your case.
The detailed answer: You may be eligible for a Limited Driving Privilege that will permit you to drive to work, school, and worship. To be eligible, you must meet all of the following conditions:
1.) At the time of the DWI, you held either a valid North Carolina driver's license or a North Carolina driver’s license that had been expired for less than one year; AND
2.) At the time of the DWI, you had no prior convictions for DWI in the past 7 years; AND
3.) The Judge sentenced you for the DWI under a statutory punishment Level Three, Four, or Five; AND
4.) Subsequent to the DWI, you had no pending charges for DWI; AND
5.) You completed and filed with the court a substance abuse assessment, required by G.S. 20-17.6 for the restoration of a drivers license; AND
6.) Your alcohol concentration was less than 0.15. (If your alcohol concentration was 0.15 or more, then you have to wait 45-days after your license is revoked to be eligible for a limited driving privilege, AND you will be required to install into your car a ignition interlock device.) AND
7.) You did not refuse to provide a breath or blood sample to test your alcohol concentration. (If you did refuse, then you will need to wait 6-months after your license is revoked to be eligible for a limited driving privilege.)
I have a North Carolina driver’s license, but my DWI happened in another state.
Am I still eligible to get a limited driving privilege?
The short answer: It depends. (Ha ha, lawyers love to answer questions by saying “it depends” but honestly- the answer usually always depends on specific factors.)
The detailed answer: Yes, but you will have to wait 60-days after your are sentenced for the DWI to be eligible to apply for a Limited Driving Privilege. All the other conditions mentioned above will still apply.
How do I file for a Limited Driving Privilege?
Depending on the factors in your case, you will file at court one of the following forms with the necessary supporting documents: AOC-CR-312, AOC-CV-352, AOC-CR-340 Each form requires specific documentation that must be submitted to the court. You also have to pay to the court a filing fee of $100.
Is this something that I need an attorney for?
I will answer this question with a question. When the brakes on your car need to be repaired, do you go online and type into Google “How do I fix my brakes?” Probably not. You probably search for a mechanic who has the knowledge and experience in brake repair. But, please- don’t get me wrong, there are people who are highly capable of repairing their own car brakes. Just like there are people who are highly capable of preparing and filing the appropriate court forms and documents, scheduling a court hearing, and appearing before the Judge pro se for the Limited Driving Privilege hearing.
Do you need a Limited Driving Privilege?
DISCLAIMER: The information provided in this blog is the opinion of Jaylene Trivino, Esq. Jaylene Trivino is an attorney, licensed to practice law in North Carolina. Focusing on cases involving Traffic Tickets, Criminal Offenses, and Uncontested Divorces, Trivino Law PLLC is your #NeighborhoodAttorney #FightingForYou.