Even if you have been convicted of only your first DWI, the North Carolina Department of Motor Vehicles (DMV) will suspend your driver’s license for a minimum of 1 year as a result of the conviction.
It is possible to obtain an impaired driving limited driving privilege (LDP) immediately after a conviction for impaired driving, unless you registered a .15 (blood alcohol content) BAC or above (see our blog on How to Get an Ignition Interlock Limited Driving Privilege), or refused a chemical test (see our blog on How to Get a Willful Refusal Limited Driving Privilege).
Here are the 8 steps to acquiring an impaired driving limited driving privilege following a conviction for impaired driving in North Carolina:
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.
Obtain a DL-123 form from your auto insurance provider. You can accomplish this second step very quickly by calling up your auto insurance agent and having him fax the required DL-123 form to you. These forms are only valid for 30 days, however, so it is wise to wait until immediately before requesting the impaired driving limited driving privilege to obtain this form from your auto insurance provider.
Obtain an alcohol assessment. This can range anywhere from approximately $100 to around $200 dollars.
Prepare an ignition interlock limited driving privilege form (AOC-CR-312). Both sides of this two-sided form must be completed.
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 Monday through Friday from 6 AM – 8 PM. If you are required to drive for work or employment purposes outside of these standard business hours, then you may need additional documentation from your employer stating either exactly what your hours for work are, or that you are on-call for 24 hours a day instead.
Take your driving privilege and other documents to clerk of court for filing instructions in the county where the implied consent offense was charged. This is the opportunity for you to present your refusal limited driving privilege, DL-123, alcohol assessment, and letter from your employer (if that is necessary) to have your limited driving privilege signed and sealed. You can also take all these documents with you to your sentencing hearing and present them there to the district court judge that is entering the sentence on the DWI.
Pay $100.00 to the clerk’s office for the impaired driving limited driving privilege!
Drive only within the parameters of limited driving privilege! The restrictions of the geographic boundaries in which you can drive, the routes to and from your place of employment, and the times you will be driving on them are in effect throughout the entire duration you have the limited driving privilege.
If you had your North Carolina driver’s license suspended while out of state for an out of state driving violation, see our blog on how to obtain a limited driving privilege (LDP) for an out of state conviction.
You can access your North Carolina driving records using the NC DMV online service.
If you have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact us at Minick Law, P.C. for a free consultation on your case.
James Minick is founder and C.E.O. of Minick Law, P.C. James is committed to providing top notch legal services through his team of highly specialized legal professionals. James will defend your rights.