Post-DWI Limited Driving Privilege

Under the North Carolina code, N.C.G.S. § 20‑16.5, you will face automatic 30-day revocation of your driver’s license if you are charged with a DWI after blowing a .08 or higher on an approved chemical analysis test (EC/IR II), or a .04 if driving a commercial vehicle (or any level .01 or higher if the driver is under 21 years of age).

You can, however, obtain a limited driving privilege after 10 days have passed following revocation if the following conditions are met:

1. At the time of the alleged offense, the individual had either a valid driver’s license or a license that had been expired for less than a year
2. The individual does not have another pending DWI charge, or a new conviction for a DWI since the date of arrest in the current case
3. The individual’s license has been revoked for at least 10 days if the revocation is for 30 days, or at least 30 days if the revocation is for 45 days
4. The individual has obtained a substance abuse assessment from a mental health facility and registers for and agrees to participate in any recommended training or treatment

If the above conditions are met, you are eligible to petition the court for a limited driving privilege. You (or your attorney) will be required to provide the following to the court:

1. Proof of insurance, in the form of a document called a DL 123 (your insurance company should be able to fax you or your attorney this document)
2. Proof that you have completed a substance abuse assessment and enrolled in recommended treatment (the facility can fax the assessment documentation to you or your attorney)
3. A certified copy of your 7-year driving history from the DMV
4. A Petition for Limited Driving Privilege (AOC-CVR-9 )and Limited Driving Privilege Order (AOC-CVR-10 or AOC-CVR-11)
5. A cashier’s check or cash in the amount of $100 to the clerk of the court

Once these materials are collected, your attorney can petition the court on your behalf, and your appearance will not be required. In Wake County, hearings for LDPs are held Monday through Friday at 11a.m. in Courtroom 1A. If you are granted a pre-trial limited driving privilege, however, you should be aware that the privilege expires at the end of the term of the original revocation (generally 30 or 45 days). At that time, you will have to pay an additional fee to have your regular driver’s license reinstated while your case is pending.