Appealing for Limited Driving Privileges: What to Expect

If you’ve recently been charged with a DWI in North Carolina, most likely your license has automatically been revoked for 30 days from the date of your arrest. If you’re ultimately convicted of a DWI and this is your first offense, a second revocation will follow your post-court conviction and all driving privileges are suspended for one year. In these cases, the biggest concern for individuals is how to go about daily life, such as getting to work or taking care of their children. At our law firm, Wilmington attorney Brett Wentz works with clients to solve that issue by reinstating “limited driving privileges” that follow certain conditions and terms.

A limited driving privilege is a license that allows drivers to travel between the hours of 6am and 8pm, Monday through Friday, for work and school. If your career or education includes travel on the weekends, you can provide proof of needing flexible accommodations to meet your needs. A letter from your employer or a copy of your class schedule are both valid documents of verification for your unique case. Reinstating a license generally involves a court hearing, which you might attend with your lawyer, or your lawyer may solely appear on your behalf. To qualify for a reinstated license, the following conditions must be met:

  • At the time of the offense, you either have a valid license or a license that has been expired for less than one year.
  • You do not have a previously pending DWI charge, or any new DWI convictions since the date of the arrest of your current case.
  • You have obtained a substance abuse assessment and agree to participate in any recommended training or treatment.

If all the above conditions are met, then you are eligible to appeal for a limited driving privilege. You (or your attorney) must bring the following documents to court:

  • Proof of insurance (in the form of a DL 123 document). This is a certificate of insurance that serves as proof to the NC Department of Motor Vehicles that you have liability insurance coverage.
  • Proof that you have completed a substance abuse assessment and have enrolled in suggested treatment.
  • A copy of your recent 7-year driving history from the DMV.
  • An application for limited driving privileges.
  • $100 to the clerk of the court by check or cash.

If the hearing goes in your favor, the court signs an official document that confirms your limited driving privileges until your year-long suspension is completed. This document must be with you at all times when driving a vehicle. Upon the completion of the license suspension, you must return to the DMV to apply for a new license.

When facing a potential DWI conviction, we know you want to get your driving privileges reinstated as quickly as possible. We strongly suggest not moving forward on any proceedings without legal counsel. Attending an appeal without proper representation may result in you accidently making statements or admissions that could be used against you in court. Consulting with an experienced and local Wilmington, NC DWI lawyer like Brett Wentz ensures your case is handled properly every step of the way to achieve the best results. Don’t try to take on this burden alone. Contact Wentz Law Firm so we can get started on your case today.

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