In today's DWI Blog, I will be focusing on North Carolina's Limited Driving Privilege. Though a Limited Driving Privilege applies to more situation then a DWI, today's blog will only focus on it's function in the DWI world.
First, the Petition is just that, a petition. The Privilege must be agreed to by a District Court Judge, there are no guarantees that you will be given a privilege. Second, the Privilege is normally only for Monday through Friday, 6:00 A.M. until 8:00 P.M. If you need to drive outside of those time for school or work, it can be requested with additional documentation.
There are two areas of a DWI case where the Limited Driving Privilege applies, first is after being charged with a DWI, you will have your license suspended for 30 days. Most likely, the Police Officer took your license. In those situations the Privilege can not be granted for the first 10 days, therefore if granted, the Privilege will only be for the remaining 20 days. If convicted of a DWI or if you plead guilty to a DWI, you will have your license suspended for 12 months. Depending on how high your blood/alcohol level was at the time of your arrest will dictate when you can petition the court for a Limited Driving Privilege for those 12 months. The petition requires several things before a Judge will consider it. Below, I have listed those things that are necessary.
1. A certified 7-year driving record from the DMV
2. A Limited Driving Privilege Petition (Form AOC-CVR-9)
3. Fully completed Limited Driving Privileges (Form AOC-CVR-10 or AOC-CVR-11) (3 copies of each)
4. Valid proof of driving insurance (called a 'DL-123 form')
5. Proof of Substance Abuse Assessment
6. Letter from an employer or school if requesting more time outside of the standard hours.
7. $100 cost for the privilege.
This process can seem a bit complicated, but it can be done. If you feel overwhelmed, speak with a local Durham DWI Attorney or Raleigh DWI Attorney or a DWI Attorney in your area for assistance. Some may be willing to assist you without handling your DWI case.
