October 4, 2016
You’ve been charged with Driving While Intoxicated. Waves of anxiety overcome you as you think about a possible conviction, longterm consequences on your criminal record, and the immediate impact on your ability to drive and accomplish day to day tasks.
The date you were charged with the DWI, the arresting officer likely took your Driver’s License. If your license was not taken immediately, you will likely receive notice of an Order for Civil Revocation of your license. As a consequence of your DWI charge, there is a required thirty (30) or forty-five (45) day “civil revocation” period. A thirty day revocation period is typical, but if you failed to surrender your license within 5 days of the civil revocation order, the revocation period may extend to forty-five days. N.C.G.S 20-16.5(f).
Now you are faced with the inability to get yourself to and from work, or unable to drive your children to and from school. Thirty or Forty-five days without the ability to drive can have a detrimental impact on many areas of your life, and you have not even been convicted of the DWI yet.
You can Petition for a Limited Driving Privilege during this Civil Revocation period. If the revocation period is for thirty (30) days, you may petition for an LDP after the tenth (10th) day. If the revocation period is for forty-five (45) days, you may petition for an LDP after the thirtieth (30th) day. The requirements to apply for a limited driving privelage during the civil revocation period are:
- The Petitioner held a valid license or license that had expired within the last year at time of offense
- Petitioner has no unresolved pending charges for impaired driving except current charge for which license was revoked
- The license has been revoked for at least 10 days (if 30 day revocation) and at least 30 days (if 45 day revocation)
- Petitioner has obtained substance abuse assessment and agrees to participate in recommended treatment.
The recommended documentation to attach to your Petition for an LDP includes: DL123 form, Letter from your Employer explaining any extent you must drive outside of standard working hours, Certified DMV driving record, and proof of substance abuse assessment.
Once your petition is approved by the judge and an Order signed by the judge, you must pay a $100 fee to the Clerk of Court. The Clerk of court will then issue you a certified copy of your LDP Order, which you must carry with you AT ALL TIMES.
This LDP expires on the 30th or 45th day of your civil revocation period. At that time, you must pay the Clerk of Court an additional $100 to obtain your actual North Carolina driver’s license.
We are happy to assist you in obtaining a Limited Driving Privilege. Please contact our offices with questions and schedule a consultation with one of our attorneys in your area.