Helpful Information

Navigating Limited Driving Privileges and Restricted Licenses

A DWI charge doesn’t always mean losing your ability to drive. In many cases you can qualify for Limited Driving Privileges — here’s what you need to know.

Even if you find yourself facing a DWI/DUI conviction, there is a glimmer of hope for maintaining some level of mobility. In many cases, individuals can qualify for a Limited Driving Privilege (LDP), allowing them to drive to work, school, or essential family obligations as provided for in N.C.G.S 20-179.3.

Understanding Limited Driving Privileges

Limited driving privileges, commonly referred to as LDPs, fall into various categories — each contingent on specific circumstances such as whether it’s pre-trial, post-conviction, or refusal-related. Driving under an LDP means operating a vehicle with restrictions, allowing travel only for specific purposes like work or education. The terms “Limited Driving Privilege,” “LDP,” “work license,” and “driving privilege” are often used interchangeably.

Types of Limited Driving Privilege

Type 01

Pre-Trial Driving Privilege

If you’ve been charged with DWI and your breath test registered 0.08 or above on the EC/IR II, your license is automatically revoked for 30 days. After the 10th day of revocation, you may be eligible for a pre-trial limited driving privilege.

General Requirements

Valid or recently expired (less than one year) driver’s license at the time of the stop
No prior DWI convictions within the past seven years
No additional DWI charges since the current charge
Proof of insurance (DL 123 form)
Completion of a substance abuse assessment
Payment of a $100 fee to the clerk of court

Important: A pre-trial privilege is valid until the 30th day after the DWI charge. After this period, your restricted license expires. To reinstate your regular driver’s license, you must pay a $100 restoration fee. For Goldsboro and Wayne County DWI charges, your petition (Form AOC-CR-312), DL-123 insurance proof, and $100 court fee are filed at the Wayne County Courthouse (224 E. Walnut Street, Goldsboro, NC 27530).

Type 02

Post-Trial Driving Privilege

To obtain a driving privilege after a DWI conviction, you must fulfill the same requirements as the pre-trial privilege. However, there are two important distinctions:

If your breath test result was 0.15 or above, you must install an ignition interlock device in your vehicle
Individuals convicted of a Level I or Level II DWI are not eligible for any driving privilege for one full year — refer to DWI sentencing for details

Type 03

Driving Privileges in Refusal Cases

If you refused the breath test, the DMV will notify you of a one-year license revocation. No driving privilege is available for the first six months. After six months, you may apply for a limited driving privilege, subject to DMV approval.

No privilege available for the first 6 months in refusal cases — plan accordingly.

General Information About Driving Privileges

Standard Driving Hours

6:00 AM – 8:00 PM, Monday through Friday

Driving outside these hours requires a letter from your employer or a school schedule documenting the necessity. Self-employed individuals may provide a letter on their own letterhead.

Understanding the intricacies of limited driving privileges is vital for those navigating the aftermath of a DWI conviction. Seeking legal counsel can greatly assist in securing the best possible outcome — an experienced attorney can help ensure all requirements are properly met and submitted.

Don’t Lose Your License Without a Fight

An Experienced Attorney Can Help You Keep Driving

Michael Woodard has helped Goldsboro and Wayne County residents navigate DWI license issues for over 10 years. Call today for a free consultation.

Call 919-778-6080