Many people charged with impaired driving lose their license for 30 days following the charge date, regardless of the fact that they have not been convicted of driving while impaired. This 30 day civil revocation happens when a driver blows a .08 reading or above at the station or refuses to perform a chemical test requested by the officer. For many drivers facing this 30 civil revocation it is possible to get a pretrial limited driving privilege, which is a court order that allows driving during the final 20 days of the 30 day revocation period.
Here are the steps to acquiring the privilege:
1) Meet eligibility requirements for obtaining a pretrial limited driving privilege. If you had a valid driver’s license at the time you were charged with impaired driving and have not had prior DWI convictions in the last seven years or other current pending DWI charges, you likely are eligible to request a pretrial limited driving privilege.
2) File a petition for a pretrial limited driving privilege (AOC-CVR-9). 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. (See our Forms page for a copy of this).
3) Serve the petition in step 1 on the district attorney’s office. The petition must be served on the district attorney in the same county where the petition is filed.
4) Obtain a DL-123 form from your auto insurance. This step can be accomplished quickly by calling your insurance agent and having him fax the DL-123.
5) Obtain an alcohol assessment See our video below:
6) Prepare a pretrial limited driving privilege (AOC-CVR-10). Both sides of this two-sided form must be completed. (See our Forms page for a copy of this).
7) 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 pretrial 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.
8) Attend the hearing scheduled by the clerk on the limited driving privilege. This is the opportunity for you to present you pretrial limited driving privilege, DL-123, alcohol assessment, and letter from your employer (if necessary) to a district court judge for his signature.
9) Pay $100.00 to the clerk’s office for the pretrial limited driving privilege.
10) Drive only within the parameters of pretrial limited driving privilege!
If you would like to discuss your eligibility for a North Carolina pretrial limited driving privilege or have an attorney help you draft the legal documents necessary for obtaining the privilege, call one of our DWI attorneys now.
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.