Driving Privileges & Restricted Licenses After a DWI / DUI

Even if Convicted of DWI, Most People Are Eligible for a Limited Driving Privilege To Drive To Work Or School

A work license or limited driving privilege can be crucial for individuals who require a vehicle for work, school or family responsibilities. If your license has been revoked, you likely understand the significance of these privileges. When individuals charged with DWI seek legal assistance, their initial query is typically related to obtaining a work privilege and whether they will be allowed to drive if they are found guilty. We have a track record of successfully acquiring driving privileges for all eligible clients.

There are different types of Limited Driving Privileges (LDPs) based on the situation, including pre-trial, post-conviction, and refusal. It is essential to keep in mind that driving on an LDP means operating a vehicle on a restricted license, not a regular driver’s license. The LDP permits driving for specific purposes such as commuting to work or school. It’s important to note that an LDP may also be referred to as a work license, driving privilege, or LDP, and these terms are interchangeable.

The requirements for obtaining a work privilege and guidelines for LDPs are similar in all categories of restricted licenses, and the criteria for obtaining them will be discussed below.

Driving | Pre-Trial

If you were arrested for DWI and your breath test showed a result of 0.08 or higher on the EC/IR II, your license will automatically be revoked for 30 days. However, after the 10th day of the revocation period, you may be eligible for a limited driving privilege. To qualify for this privilege, you must meet certain requirements, including having a valid license or one that expired less than a year ago at the time you were stopped, no conviction for DWI in the past seven years, and no additional charges for DWI since your arrest.

Additionally, you must provide proof of insurance (in the form of a DL 123), obtain a substance abuse assessment from an approved provider (which we can help you find), and pay a $100 fee to the clerk of court. It’s crucial to note that a pre-trial privilege is only valid until the 30th day after your DWI charge, after which your restricted license expires. To have your regular driver’s license reinstated, you must pay a $50 restoration fee. Once reinstated, you can keep your license unless it is revoked for conviction, at which point you may become eligible for a driving privilege once again.

Driving | Post-Trial

To obtain a driving privilege after being convicted of DWI, you must fulfill all of the requirements for the pretrial privilege. However, if your breath test showed a result of 0.15 or higher, you must have an interlock device installed in your car, and you will lose your license for 45 days without the possibility of a privilege before becoming
eligible. In the case of a level I or II DWI conviction, you will not be eligible for any privilege for an entire year (refer to DWI sentencing).

Driving | Refusal Cases

If you refused to take the breath test, the DMV will inform you that your license will be revoked for one year. You won’t be able to get a driving privilege for the first six months. After the initial six months have passed, you may be eligible to apply for a limited driving privilege, but the DMV will decide whether to grant it or not.

A Little More Information on Driving Privileges

The typical hours for limited driving privileges are Monday through Friday, from 6 AM to 8 PM. If you require driving outside of these hours for work or school, you will need a letter from your employer or a class schedule from school stating the specific reasons and times for driving. If you are self-employed, a letter on your personal letterhead is usually acceptable.

North Carolina’s DUI / DWI “Booze it & Lose it” campaign begins for the holidays

The statewide Holiday Booze it & Lose it initiative is currently in progress, as announced by the NC Governor’s Highway Safety Program. Running until January 1, 2024, the Booze It & Lose It campaign involves heightened DUI / DWI patrols by both local and state...

Former WPD Officer’s first appearance in New Hanover County Court

In Wilmington, North Carolina, 39-year-old former WPD Officer Darryl Warren made a court appearance on Monday. He faces charges of DWI, Reckless Driving to Endanger, Assault with Intent to Kill using a Deadly Weapon, and Assault on a Female. Additionally, 911 calls...

NC bill attempts to lower blood alcohol limit to .05

Legislators in North Carolina are pushing for a bill that aims to reduce the number of drunk drivers on the road and increase awareness about the dangers of driving under the influence. Currently, someone dies in an accident involving a drunk driver every 45 minutes...

Driver doing donuts before crash kills UNCW student

In court on March 16, Nicholas Henry Pohlman, the driver facing charges of involuntary manslaughter and DWI in connection with a fatal crash on the University of North Carolina Wilmington grounds on October 1, 2022, was granted release under specified conditions. The...

Alcohol sales rise during pandemic

Neilson’s market data suggests communities across the country may be feeling the pain long after the pandemic ends. According to one study, alcohol sales outside of bars and restaurants have surged to more than 24% during the pandemic. Sales of spirits with higher...

How to find the best attorney for you

It has happened to all of us. You got a speeding ticket and now your mailbox is packed with letters from attorneys claiming to be the best choice for you. But are they? How do you find the best lawyer to handle your case? Wentz Law Firm is here to help make sure you...

Coronavirus and court proceedings

The impact of COVID-19 is far-reaching, even impacting the long arm of the law. New Hanover County and Pender County Court have recently reopened to in-person hearings after months of virtual continuations and hearings. The reopening comes along with some strict...

The Science Behind Drinking and Driving Home from Holiday Parties

It’s no secret that alcohol consumption increases in general during the holiday season. Between parties, special dinners, and the festivities, the spirits tend to flow freely this time of year. That’s why it’s more important than ever to remember your safety rules...

Has Your Teen Been Charged with Underage Drinking?

We’ve all seen the popular movies and listened to the catchy tunes, the ones in which the teenagers circumvent the parents and get together for a bit of rebellious fun. Sometimes, these outings involve alcohol, and that may result in the festivities getting out of...

July Fourth DUIs and Dangers

The Fourth of July, Independence Day, July Fourth: it’s a holiday with many names. And each year, we all honor our nation and its freedoms with family, friends, and celebrations that usually culminate into parties and other get-togethers with our favorite foods and...

Need Some Guidance?

If you have any further questions about the DWI process (have a look at our FAQs) or need something case specific, feel free to reach out. I am always happy to review a case and give you honest feedback on where you stand and how it should be addressed. I handle DWI defenses out of the following North Carolina areas: All of Pender County (Hampstead, Topsail, Burgaw, Surf City, Atkinson) and New Hanover (Wilmington, Wrightsville Beach, Carolina Beach, Ogden, Monkey Junction).

Let's Connect.

We offer free consultations to review your case, answer questions, and discuss your options for defense.

Reach out today to schedule yours. 

(910) 256-8044


Brett Wentz Law Contact Form
Sending

Back to Top