704-342-4357


What documents are needed for a Pre-trial Limited Driving Privilege? What is a DL-123 form?

 

An attorney can help explain the process, determine eligibility, and draft the different forms that are necessary for a Pre-Trial Privilege – Bill Powers

 

What is a Pre-trial Limited Driving Privilege?

If you or a loved one has been charged with DWI or Driving While Impaired in North Carolina and had their license suspended, there may be relief available.

A Pre-Trial Limited Driving Privilege is a type of Court Order that allows someone accused of DWI the opportunity to again drive, subject to a host of conditions and restrictions.

  • 30 day period of suspension occurs if the accused blows (or blood or urine results come back)
    • At any relevant time after operating a Motor Vehicle, .08 or higher
  • AFTER the expiration of an 10 Day “Hard Revocation”
  • During the 30 day period it is possible (there are restrictions and conditions precedent) to receive a Pre-trial limited driving privilege
    • Petitioner must be otherwise eligible
    • Petitioner must have possessed Valid Driver’s License at time of the offense
    • Requires Alcohol Assessment and Compliance with Recommended Treatment, if any
    • Requires Proof of Insurance (normally via an DL-123 or other similar proof)
    • Subject to Hours and Day of Operation Limits
    • Subject to Route of Travel Restrictions

 

 

Booze It and Lose It Brochure

Download PDF:  Booze It Lose It Brochure NC DMV

 

DL-123 SAMPLE FORM

Download Now:  DL-123 Form Example NC DWI Pre-Trial Privilege Limited Proof of Insurance

 

 

A Pre-Trial Limited Driving Privilege may be issued in the discretion of the Court after a revocation pursuant to N.C.G.S. 20-16.2.  It is NOT a matter of right.  It is NOT guaranteed.  It is NOT automatic. It is subject to statutory and administrative restrictions / eligibility requirements.  It is subject to immediate revocation for failure to comply with terms and conditions.  

 

 

DL123 picture

 

What Documents Do I Need for a Pre-Trial Limited Driving Privilege?

The following documents are required in order to complete your application for a Pre-trial limited driving privilege:

  • Petition for Limited Driving Privilege
  • Pre-Trial Limited Driving Privilege
  • Substance abuse Assessment and Recommendations 
  • DL-123 Proof of Insurance 
  • **Other materials / verification may be required.  Seek advice of experienced Legal Counsel for additional information.

North Carolina DL-123 Verification of Insurance

The purpose of the DL-123 form is to provide the State of North Carolina (Department of Transportation / Division of Motor Vehicles DMV) and the Court with documentation a valid insurance policy is in existence.

  • Sets forth Carrier
  • Executed within thirty (30) days of submission
  • Sets forth Policy Number
  • Sets forth Insured Driver
  • Sets forth Date of Birth of Insured Driver

 

 

 

North Carolina Petition for Limited Driving Privilege


Petition for Limited Driving Privilege

 

 

Limited Driving Privilege in North Carolina:

 

Limited driving privilege ncga

What is a DWI Limited Driving Privilege?

A Limited Driving Privilege* is a form of relief, Granted by the Court, to an individual convicted with Impaired Driving.

  • Discretion of the Court
  • Subject to Eligibility Requirements
  • Normally Reviewed, upon submission, by the DMV
  • Work Related and “Household Maintenance”
  • Standard Hours and Days of Operation:
    • 6 AM to 8 PM, Monday – Friday
  • Non-Standard Hours and Days of Operation possible, with proper documentation
  • *There are types of Limited Driving Privilege(s) for offenses other than DWI Impaired Driving

 

How is a Pre-trial Limited Driving Privilege different from a Limited Privilege?

Pre-Trial Limited Driving Privilege

  • Occurs during the 30 day civil revocation period
  • Prior to any adjudication or finding of guilt
  • If Eligible, obtained on 11th day of license suspension*
    • *Unless falling on a weekend or court holiday
    • Executed by the Court and filed with the Clerk of Court
  • Grants the privilege of being able to drive the remaining 20 days of the 30 day period*
  • *Subject to substantial terms and restrictions
    • No amount of alcohol allowed while operating vehicle
    • Time, Day, and Purposes Restrictions

Limited Driving Privilege

  • Occurs during the 12 month period of license suspension IF CONVICTED 
  • NOT automatic
  • Fully in the Discretion of the Court
  • Subject to Review and Verification of Eligibility by DMV
  • May be conditioned on period of non-operation
  • May be conditioned on the installation of an Ignition Interlock Device IID
    • No amount of alcohol allowed while operating vehicle
    • Time, Day, and Purposes Restrictions

 

 

 

More Information: How to get a limited driving privilege

 

 

 

Transcript for Hearing Impaired

 

Modified transcript of “What is needed to get a Limited Driving Privilege” for the hearing impaired

Hi. I’m Bill Powers, and I’m going to talk to you a little bit now about the different forms, the documentation, the background materials that we are looking for in preparing a Pre-Trial Limited Driving Privilege in North Carolina. After getting over the first question, being: Are you indeed eligible for a Pre-Trial Limited Driving Privilege, there are certain steps, there are certain requirements, documentation, forms that we will need to submit to the court to obtain a valid Pre-Trial Limited Driving Privilege.

Normally we prepare the vast majority of these documents and tell you where to get the different forms. The first of which is the Petition for Pre-Trial Limited Driving Privilege. I’m speaking of impaired driving offenses in North Carolina. There are different types of Limited Driving Privileges available in North Carolina. For the purposes of driving while impaired in North Carolina, if you’ve been charged or arrested while impaired, and you’re eligible, we need to get a Pre-Trial Limited Driving Privilege Petition. We get the Pre-Trial Privilege itself. We prepare that for you.

We normally look for something called a D-123. That stands for driver’s license 123. It’s a type of proof of insurance form that is somewhat unique to North Carolina. Other states have similar forms, but in North Carolina we’ll looking for a D-123. We’re also looking for an alcohol assessment. That involves obtaining what’s called an alcohol assessment from an authorized provider in North Carolina and answering some questions for them. Doing basically an interview process.

Sometimes we need some documentation regarding your work, what you do for a living, and what hours you need to be able to drive. Now, it can be a bit complicated, a bit nuanced at times, because there are different things that we look for. We try to make the process as easy as possible for you. Give us a ring. This is what we do. We answer questions. We help people go through the process, and we explain a sometimes complicated legal system to you. Look forward to hearing from you.

Share Button
Bill Powers
Founding Partner at Powers Landreth PLLC