For many people in rural areas of North Carolina and even some urban areas, public transportation is not widely available enough that you’ll have a reliable way to commute. If you’re in that category of people and have had your driver’s license suspended because of an impaired driving-related conviction or certain traffic ticket convictions, you’re probably wondering how on earth you’re supposed to keep your job until you can reinstate your license. The good news is that you may qualify for a Limited Driving Privilege (“LDP”), which is governed by North Carolina General Statute § 20-179.3.
A Limited Driving Privilege is a court order that allows you to still drive for purposes related to employment, education, maintaining your household (i.e., going to buy groceries), religious worship, emergency medical care, substance abuse assessment, or treatment ordered by the court, and community service that is a condition of your probation. However, if you are suspended because of an impaired driving-related conviction, there are certain requirements that must be met in order for the court to find you eligible for an LDP in North Carolina:
- At the time of the offense of conviction, you must have had a valid driver’s license or an otherwise valid license that had been expired for less than one year;
- You cannot have been convicted of any other impaired driving offense (DWI/DUI) within the last seven years;
- Since the date of the offense, you cannot have been convicted of another impaired driving offense;
- You were sentenced as a Level 3, 4, or 5 for the instant DWI; and
- You have completed a substance abuse assessment and filed a proof of completion with the court.
There are enhanced requirements to get an LDP if you had a blood alcohol content (BAC) of 0.15 or more at the time of the offense. In addition, the requirements to get an LDP are a bit different if you’re seeking to get an LDP due to a traffic ticket conviction unrelated to impaired driving. If you or a loved one are facing a DWI charge, traffic ticket, or license suspension, please contact one of our experienced criminal attorneys to help advocate for your rights.