How to Get a North Carolina Limited Driving Privilege if Your North Carolina Driver’s License is Suspended by a DWI or DUI in Another State

 

Asheville criminal lawyer James Minick

Attorney James Minick of Minick Law, P.C.

If you are a resident of North Carolina convicted of DWI or DUI in Federal Court or in another state, your North Carolina driver’s license may be suspended by the NC DMV for the out of state or federal conviction. The out-of-state DWI must be substantially similar to the North Carolina offense of driving while impaired under 20-138.1 for the NC DMV to issue a revocation based on a DWI / DUI conviction.

 

 

 

If your North Carolina Driver’s License is suspended for a DWI / DUI conviction out-of-state, it may be possible to obtain a limited driving privilege immediately after the revocation for the out-of-state conviction for impaired driving.

Here are the steps to getting a driving privilege following a revocation for an out-of-state impaired driving conviction:

1)   Meet other eligibility requirements for obtaining a limited driving privilege.  If you (a) have no other suspensions in effect at the time of request, (b) have not been convicted of a DWI in the last seven years, and (c) have no pending unresolved charges of DWI, then you likely are eligible to request a limited driving privilege.

2)   Obtain a DL-123 form from your auto insurance. This is a form issued by your auto insurance. These forms are only valid for 30 days, so it is wise to wait until immediately before requesting the privilege to obtain this form.

3)   Obtain an alcohol assessment.

4) Prepare a Petition for Limited Driving Privilege DWI Out-of-State / Federal Convictions AOC-CV-350. The petition must be filed in the county where the impaired driving violation is alleged to have occurred.  This is a request for a judicial hearing at which you can request the pretrial limited driving privilege.

5)   Prepare an out of state conviction limited driving privilege for an out-of-state conviction AOC 352 form).  Both sides of this two-sided form must be completed.

6)   If you work during non-standard business hours, obtain a letter from your employer stating the hours that you are required to work.  According to the limited driving privilege, standard business hours are Mon-Fri from 6 AM – 8 PM.  If you have to drive for work purposes outside of these hours, then you may need documentation from your employer stating what your hours are, or that you are on-call 24 hours a day.

7)   Take your driving privilege and other documents to court on the date that the clerk assigns after you have petitioned for the limited driving privilege. This is the opportunity for you to present your refusal limited driving privilege, DL-123, alcohol assessment, and letter from your employer (if necessary) to have your privilege signed and sealed.

8)   Pay $100.00 to the clerk’s office for the limited driving privilege.

9)   Drive only within the parameters of limited driving privilege!

 

If you would like to discuss your eligibility for a North Carolina limited driving privilege or have an attorney help you draft the legal documents necessary for obtaining the privilege, contact Minick Law today for a free consultation with an experienced DWI attorney.

Related Topics from Our Blog

 

 

Aggressive Criminal Defense. Client Focused Service.

avvolivingwage1 tampa-dui-lawyer-national-college-for-dui-defense-elliott-wilcox-150x150aslatop100seal11-150x150ncaj-e1423045964976BBB
To find the membership requirements for the above organizations, as well as a lawyer directory showing which of the Minick Law attorneys are members of each organization, please visit each organization's website by clicking the appropriate graphic.
Great firm. Wonderful and rare attorneys.
We could use a million more just like them.

David H.

If attorneys are going to be this compassionate and nice I am going to have to stop telling attorney jokes.

Hilary S.

All questions were answered in a timely, respectful, and friendly manner. The firm's attorneys are devoted and their areas of expertise are far-ranging. This firm is top-notch!

William R.

...I had a note to myself on my calendar to follow up with their office, however, before that date came, they contacted ME, had successfully taken care of my traffic offense and sent me confirmation in the mail...

J. Nelson

This Law Firm really knows how to get the job done!...All the Attorney's here are very professional and easy to deal with. I highly recommend The Minick Law Firm for any of your needs. Thank you!

Patrick K.

Get the defense you need from a law firm that cares.

N

We Listen

During our initial conversation with you we will get information about the circumstances of your charge and your situation.
h

We Inform

Once we have these details we can explain the potential consequences you are facing.

We Plan

We will then create a detailed plan of action for your case to make sure that your traffic ticket is resolved in the appropriate manner. Our mission is to produce the best possible outcome on your case.

How Can We Help?

Asheville

A: 30 Orchard St. Asheville, NC 28801

P: (828) 333-5024

W: Visit Website

Charlotte

A: 2015 Ayrsley Town Blvd. #202-253 Charlotte, NC 28273

P: (704) 215-4242

W: Visit Website

Gastonia

A: 104 E. Main Ave Gastonia, NC 28052

P: (704) 323-8485

W: Visit Website

Waynesville

A: 258 N. Main Street Waynesville, NC 28786

P: (828) 333-5035

W: Visit Website

Wilmington

A: 321 N Front St #210, Wilmington, NC 28401

P: (910) 338-3994

W: Visit Website

Disclaimer

Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

Areas of Service

Cities: Asheville, Charlotte, Gastonia, Waynesville, and Wilmington.

Counties: Brunswick, Buncombe, Burke, Catawba, Cleveland, Columbus, Gaston, Haywood, Henderson, Jackson, Lincolnton, Madison, McDowell, Mecklenburg, New Hanover, Onslow, Pender, Polk, Rutherford, Swain, Transylvania, and Yancey.

bitcoin credit-card-logos

© Minick Law | NC DWI/DUI, Criminal Defense and Traffic Ticket Lawyers - All rights reserved. Created by Enable Design

Share This

Share this post with your friends!