Refusing a chemical test in North Carolina can result in a 1-year suspension of a person’s driver’s license. If you have been cited with refusing a chemical test, contact an attorney immediately to discuss options of fighting the refusal revocation. The refusal suspension occurs regardless of the outcome of the underlying implied consent offense (e.g. driving after consuming underage or DWI). It is possible for a person facing a driver’s license suspension for willful refusal of a chemical test to obtain a limited driving privilege during the final six months of the revocation.
Here are the steps to acquiring the willful refusal limited driving privilege after 6 months from the suspension’s start date:
1) Meet other eligibility requirements for obtaining a limited driving privilege. If you had (a) a valid driver’s license at the time of the refusal, (b) have not been convicted of a DWI or previously refused a chemical test 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 step can be accomplished quickly by calling your insurance agent and having him fax the DL-123. 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 and complete all necessary treatment. Unlike many limited driving privileges, the willful refusal limited driving privilege requires completion of alcohol treatment, not just obtaining the assessment. (See our video below on obtaining the alcohol assessment).
4) Prepare a refusal limited driving privilege (AOC-CR-313). Both sides of this two-sided form must be completed.
5) Have an ignition interlock system installed on your vehicle. This may or may not be required depending on the circumstances of your charge.
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 clerk of court in the county where the implied consent offense was charge for filing instructions. This is the opportunity for you to present you refusal limited driving privilege, DL-123, alcohol assessment, ignition interlock verification form (if ignition interlock is required), 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! Driving may be permitted for work and educational purposes as well as religious worship in additional to other allowances.
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, call our office 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.