DWI Pretrial Limited Driving Privileges

If you are charged with DWI and  you provide a breath sample which registers an alcohol concentration of 0.08 or more, or you refuse to provide a breath sample, your license will be revoked under a “Civil Revocation” for typically 30 days.

While your license is technically revoked under this civil revocation, you may be eligible for a limited driving privilege during the last 20 days of the revocation period. The privilege, if granted, may allow you to drive for work purposes, substance abuse treatment, maintenance of your household, educational purposes, and religious activities. A petition for a hearing for a limited driving privilege may be filed with the clerk of court ten days after your offense date. So long as the petition has been filed, a hearing may be conducted by the Court as early as the 11th day following the offense date to determine if the Court will grant your petition. Note that the Court cannot grant you a driving privilege if you have another pending Driving While Impaired charge.

In order to obtain the driving privilege from the Court, you will need to present the Court with the following supporting documentation and fees:

  1. A form DL-123 from your insurance agency confirming that you have liability coverage
  2. Documentation confirming that you have obtained a substance abuse assessment and enrolled in any recommended treatment. A list of substance abuse assessing agencies certified by the North Carolina Department of Health and Human Services may be found under the Client Resources/DWI Resources tab on this website or by clicking here: https://www.younglittlelaw.com/practice-areas/dui-dwi/dwi-resources/
  3. A certified copy of your driving record
  4. If driving times for work or education are needed outside of 6:00AM – 8:00PM, Monday through Friday, you will need a letter from your employer or school confirming the hours you attend
  5. If possible, a bulletin or letter from your place of worship showing hours of ceremonies/celebrations
  6. A $100.00 fee charged by the Clerk of Court for the Limited Driving Privilege

There are circumstances when a civil revocation may be applied at a later date than your offense date. There are also circumstances when the civil revocation period may be 45 days, rather than the typical 30 day revocation. Knowing these unique circumstances and your true eligibility for a limited driving privilege are very important to ensuring your ability to drive lawfully. Driving without a proper limited driving privilege may result in a criminal charge of misdemeanor driving while license revoked. Not only does driving while license revoked for an impaired revocation expose you to a 120 day active sentence, it can also lead to greater suspensions of your license. You are strongly encouraged to consult with a professional licensed attorney who can guide you through the process, appear on your behalf for the civil hearing, and help ensure that the steps you take can quickly put you lawfully back on the road.

Contact the experienced Raliegh DUI/DWI defense lawyers of Hatch, Little & Bunn for a free consultation today. We defend clients in Wake County, Durham County, and Franklin County, North Carolina against charges of Driving While Impaired, Driving While License Revoked, and all state criminal and traffic matters.


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