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 a Limited Driving Privilege — 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.
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
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
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
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.
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.