North Carolina General Statute § 20-179.3 - Limited Driving Privileges

A limited driving privilege does not fully reinstate your driver's license.

Instead, it provides a restricted authorization to drive for specific, essential purposes as outlined in the statute.

This means that driving for purposes not explicitly authorized by the limited driving privilege remains unlawful, even if done during times or on routes that might be permitted by the privilege.

Failing to comply with the terms and conditions of the Limited Driving Privilege can result in new criminal charges, including DWLR—Driving While License Revoked and DWLR IMP REV—driving with a revoked license due to an impaired driving revocation, and other administrative sanctions.

It can also result in the revocation of the Limited Privilege and an additional extended period of revocation and/or suspension, as may be appropriate under the law.

To be eligible for a limited driving privilege in North Carolina, you must meet specific criteria outlined in G.S. § 20-179.3(b).

The North Carolina DWI Quick Reference Guide

These requirements vary depending on the reason for your license revocation. Here are some eligibility scenarios:

1. If your license was revoked due to a conviction of impaired driving under G.S. 20-138.1 (the North Carolina DUI law):
   • At the time of the offense, you must have held either a valid driver's license or your license must have been expired for less than one year.
   • You must not have been convicted of an impaired driving offense (in any state) within the seven (7) years preceding the present offense.
   • The Court must have imposed Punishment Level 3, Level 4, or Level 5 for your impaired driving offense.
   • Since the offense, you must not have been convicted of, or have any unresolved charges for, another impaired driving offense.
   • You must obtain and file a substance abuse assessment as required by G.S. 20-17.6
2. If your North Carolina driver's license has been revoked for a DWI conviction in another state (or Federal Court) for an offense substantially similar to impaired driving under G.S. 20-138.1
   • You may be eligible for a limited driving privilege if you would have been eligible had the conviction occurred in North Carolina state court.
3. If your driver’s license was forfeited under N.C.G.S. 15A-1331.1
   • At the time of forfeiture, you must have held either a valid driver's license or a license that had been expired for less than one year.
   • You must also meet one of these additional requirements:
     1. You are supporting existing dependents or need a driver's license to be gainfully employed.
     2. You have an existing dependent who requires serious medical treatment, and you are the only person able to provide transportation to the health care facility.

It's important to note that eligibility does not guarantee that a Court will grant you a limited driving privilege.

"The Court possesses substantial discretion in issuing a limited privilege based on the specifics of your case."

- Bill Powers, NC Drivers License Lawyer

If your license was revoked under G.S. 20-16.2(d) - Willful Refusal, eligibility for a limited driving privilege is governed by G.S. 20-16.2(e1), which has its own set of requirements.

If you're granted a limited driving privilege in North Carolina, driving may be permitted for specific, essential purposes. G.S. 20-179.3(a) outlines different authorized reasons for driving. Consult legal counsel to determine the applicability to your individual, unique circumstances.

1. Employment: You may be able to drive to and from work, as well as for work-related duties. This could include commuting to your workplace, traveling between job sites, or attending work-related meetings.
2. Household Maintenance: This allows for driving related to essential household tasks, with limitations. For example, you might be permitted to drive to the grocery store or pharmacy or to handle necessary banking transactions.
3. Education: If you're enrolled in school or educational programs, your limited driving privilege may allow you to drive to and from classes, including any required internships or labs.
4. Court-Ordered Treatment or Assessment: This includes driving to appointments for substance abuse treatment, counseling sessions, or other court-mandated programs.
5. Community Service: If community service is a condition of your probation, you could be allowed to drive to and from your assigned service locations.
6. Emergency Medical Care: In case of a medical emergency, you may be permitted to drive to seek immediate medical attention for yourself or a family member.
7. Religious Worship: You may be allowed to drive to and from your place of religious worship for services.

It's important to note that:

• Driving not directly related to authorized purposes in a limited privilege is considered unlawful, even if it occurs during times or on routes that your limited driving privilege might otherwise allow.
• Each case is different. Depending on the type of Limited Driving Privilege, there may be restrictions to activities, times, dates, and purposes for driving.
• Your privilege may specify certain times, routes, or geographic boundaries for your allowed driving and could be limited to standard working hours.
• For work-related driving, the court may authorize driving during standard working hours (defined as 6:00 A.M. to 8:00 P.M., Monday through Friday) without specifying exact times and routes.
• Driving for non-standard working hours, if necessary for your job, requires additional documentation, specific authorization from the judge, and compliance with N.C.G.S. 20-179.3.

Remember, a limited driving privilege is just that - limited

"A Limited Privilege may allow you to meet essential needs for living and working. That does not mean the conditions are always convenient."

- Bill Powers, NC Drivers License Lawyer

Violating any conditions and/or restrictions can result in serious consequences, including the revocation of your limited driving privilege and additional legal and administrative penalties, including but not limited to possible criminal charges.

If you're considering applying for a limited driving privilege in North Carolina, it's helpful to understand the general processes and some of the procedures that may be involved. It can be extremely complicated and confusing for people with limited experience dealing with the court system.

1. Timing of Application:
   • For impaired driving offenses, you may be eligible to apply for a limited driving privilege at the time the judgment is entered (sentencing after a conviction for DUI). That is not true in every instance. For example, eligibility for a Willful Refusal Limited Driving Privilege does not commence until the expiration of six (6) months from the date of entry of judgment and providing documentation of compliance with other statutory requirements.
2. Filing the Application:
   • Application is made by filing appropriate materials and documentation with the Clerk of the Court. There are several different types of Limited Driving Privileges in North Carolina, each with potential conditions precedent and standards for eligibility.
3. Scheduling the Hearing:
   • A hearing may be scheduled in appropriate circumstances. After a plea or trial, the Court may receive and review materials relating to the request for a Limited Driving Privilege.
   • If an application for limited privilege is made at some date after the entry of judgment, the Judge reviewing the Application for Limited Driving Privilege is ordinarily determined by the following order: a. The presiding judge at your plea or trial, if they're assigned to a court in the relevant district. b. If the presiding judge isn't available, then the senior regular resident superior court judge (for superior court convictions) or the chief district court judge (for district court convictions) c. For convictions in another jurisdiction, the hearing is scheduled before the chief district court judge of the district where you reside or as may be authorized and directed within the local rules for that jurisdiction.
4. Location of the Hearing:
   • The hearing is ordinarily scheduled in the county within the relevant district court district or superior court district.
5. Substance Abuse Assessment - Impaired Driving Limited Driving Privileges
   • If your suspension or revocation is related to DUI / DWDI, you must obtain and file with the Court (through the Clerk of Court) a substance abuse assessment as required by G.S. 20-17.6.
6. Proof of Financial Responsibility:
   • Before granting a limited driving privilege, the Judge must be provided proof that you are “financially responsible,” which means you are covered by an insurance policy while driving a vehicle.
   • This typically involves submitting proof of insurance, such as a certificate from an insurance carrier. In North Carolina, that form is known as a DL-123.
7. Judge's Discretion:
   • The Judge has discretion in granting the limited driving privilege. They will consider factors such as the nature of your offense, your driving record, and your need for driving privileges.
   • If granted, the Judge may specify the conditions and restrictions of your limited driving privilege as they deem necessary and appropriate.
8. Ignition Interlock Requirement
   • In some cases, particularly if your blood alcohol concentration was 0.15 or above, the Judge must require you to submit proof that an ignition interlock system was installed on your vehicle as a condition of the limited driving privilege. Within their discretion, the Court (the Judge) may require installing an ignition interlock device even when the BAC is below 0.15.

Remember, this process can be complex, and the specific requirements may vary based on your individual circumstances.

It's often helpful to consult with a legal professional who can guide you through the process and help present your case to the Court.

While it's possible to navigate this process on your own, it's a good idea to seek the assistance of an experienced attorney when applying for a limited driving privilege.

The application process can be complex, with sometimes confusing legal and procedural requirements that may not be immediately apparent.

Your lawyer can:

1. Help determine if you're eligible for a limited driving privilege
2. Confirm all necessary documentation is properly prepared and filed
3. Present your matter to the Court, advocating for your best interests
4. Advise you on the specific restrictions and conditions of your privilege, helping you avoid unintentional violations
5. Assist with any necessary modifications of the privilege, if necessary and appropriate
6. Guide you through any additional requirements, such as substance abuse assessments or ignition interlock installations

Given the significant impact a limited driving privilege can have on your daily life and the potential consequences of mistakes in the application process, the guidance of a seasoned attorney can be invaluable.

Criminal Defense lawyers want to make sure you fully understand and comply with the terms of any Court Judgment.

If you're granted a limited driving privilege in North Carolina, you need to understand that it comes with specific restrictions and conditions.

Violating these can result in serious consequences, including the revocation of your privilege and additional legal penalties, including possible criminal charges.

Here are some common restrictions and conditions that may be part of your Limited Privilege, depending on the type of privilege issued by the Court:

1. Purpose Restrictions:
   • Your driving may be limited to the essential purposes outlined in the privilege, such as for work, education, or medical care.
   • Any driving not directly related to the authorized purposes may be deemed unlawful, even if it's during times or on routes permitted by your privilege.
2. Time and Route Restrictions:
   • Your privilege may specify certain times when you're allowed to drive.
   • It may also restrict you to specific routes or geographic areas.
   • The judge may authorize work-related driving during standard hours (6:00 AM to 8:00 PM, Monday through Friday) without specifying exact times and routes.
   • Specific authorization for non-standard working hours
3. Possible Alcohol and Controlled Substance Restrictions:
   • For certain types of limited driving privileges, you may be Ordered not to consume alcohol while driving.
   • If related to a DUI conviction or other impaired driving revocation or suspension, you likely will not be allowed to drive while you have any alcohol or unauthorized controlled substances remaining in your body from previous consumption.
4. Vehicle Restrictions:
   • You may be restricted to operating only a designated motor vehicle.
5. Ignition Interlock Requirement:
   • In some cases, including but not limited to if your blood alcohol concentration (BAC) was 0.15 or above, you may be required to have an Ignition Interlock Device (IID) installed on your vehicle.
6. Financial Responsibility:
   • You must maintain proof of financial responsibility (usually in the form of a DL-123 in North Carolina) for the duration of your limited driving privilege.
7. Compliance with Substance Abuse Assessment:
   • You may be required to comply with recommendations from a substance abuse assessment, such as attending treatment or education programs.
8. Additional Restrictions:
   • The judge has the authority to impose other reasonable restrictions deemed necessary.
9. Modification of Privilege:
   • The judge who issued your privilege (or a presiding judge in the same court) has the authority to modify or revoke your privilege if circumstances change.
   • The judge may also revoke the limited privilege
10. Employer-Owned Vehicles:
    • Special rules may apply if you need to drive an employer-owned vehicle for work. Your employer must provide documentation that it authorizes you to drive the vehicle for work-related purposes.

You must carefully review the terms of your limited driving privilege and ensure you're always in compliance.

Remember, a limited driving privilege is not a full restoration of a driver’s license. It is a carefully controlled exception to your license revocation or suspension.

In certain cases, North Carolina law requires the installation of an ignition interlock device as a condition of receiving a limited driving privilege. Here's what you need to know about these requirements:

If your driver's license was revoked for a conviction of G.S. 20-138.1 (Impaired Driving) and you had an alcohol concentration of 0.15 or more, the judge must include ignition interlock requirements in your limited driving privilege order.

1. Designated Vehicle: You may only operate a specifically designated motor vehicle.
2. Approved Device: The designated vehicle must be equipped with a functioning ignition interlock system approved by the Commissioner of DMV.
3. Activation Required: The Ignition Interlock Device must be operational before driving the vehicle, with proof submitted to the Court of installation.
4. Alcohol Concentration Limit: No amount of alcohol is allowed in your system when operating a motor vehicle subject to the Court’s Ordered Ignition Interlock Device.

The ignition interlock restrictions may not apply to a motor vehicle that meets all of these conditions:

1. Your employer owns the vehicle
2. You operate it solely for work-related purposes
3. The owner has filed a written document with the court authorizing you to drive the vehicle for work-related purposes under the limited driving privilege

Understanding and complying with ignition interlock requirements is essential for maintaining your limited driving privilege.

If you have any questions about these requirements or how they apply to your specific situation, it's advisable to consult with your attorney.

Navigating the process of obtaining and maintaining a limited driving privilege in North Carolina, as outlined in G.S. 20-179.3, can be complex.

Limited Privileges, while restrictive, can provide a vital lifeline for those who need to drive for essential purposes after a license revocation.

Key points to remember about G.S. 20-179.3:

• Limited driving privileges are available for several different types of license suspension or revocation
• The application process involves providing documentation and meeting eligibility requirements.
• Complying with the restrictions on your limited driving privilege is key
• Installation of an Ignition interlock Device (blow-and-go) may be required in certain cases
• The specific terms of each limited driving privilege can vary based on individual circumstances.

Given the complexity of traffic laws and the potential consequences of mistakes, it's helpful to seek advice from an attorney with extensive experience in handling DWI cases and limited driving privileges under G.S. 20-179.3.

Remember, a limited driving privilege is not a return to unrestricted driving but rather a carefully regulated exception to your license revocation as provided by G.S. 20-179.3.

Treat it as such by following all stipulated conditions and driving responsibly.

• Frequently Asked Questions About Limited Driving Privileges - N.C.G.S. § 20‑179.3
• Big Changes to North Carolina’s DUI Limited Driving Privilege Laws: What You Need to Know