How Can I Legally Drive After a DWI Conviction?

You will lose your license if you’re convicted of a DWI in North Carolina. It could be for as little as one year if your sentence is a level five, four, or three. However, a level one or level two conviction could result in the loss of your license for one year, four years, or permanent loss. Yet, all hope is not lost. If you are eligible, you may be able to drive legally through several options. While there is technically no such thing as a “hardship license” in NC, under statute § 20‑179.3 there are limited driving privileges for level 3,4, or 5, DWIs.

“Definition of Limited Driving Privileges. – A limited driving privilege is a judgment issued in the discretion of a court for good cause shown authorizing a person with a revoked driver’s license to drive for essential purposes related to any of the following:

(1) The person’s employment.
(2) The maintenance of the person’s household.
(3) The person’s education.
(4) The person’s court‑ordered treatment or assessment.
(5) Community service ordered as a condition of the person’s probation.
(6) Emergency medical care.
(7) Religious worship.”

Also, there is a process to get a Conditional Restoration if you are under a 4 year or permanent license suspension.

Will I need an Ignition Interlock System?

An ignition interlock system may be a prerequisite to receiving any limited driving privileges in NC. An ignition interlock prevents a vehicle from starting if it detects any number of different substances on a person’s breath. If you blew a .15 or higher on your breathalyzer test, the court will require you to install an interlock system. An interlock system is expensive, but you must have it installed if the court orders it and you want to legally drive in North Carolina.

Am I Eligible for Limited Driving Privileges in North Carolina?

Judges can vary widely on the extent of the driving privileges they offer after a DWI. Talk to your DWI Attorney about the judge in question. Often, they’re familiar with the level of discretion the judge has in granting specific driving privileges. However, generally, your eligibility for limited driving privileges depends heavily on the sentencing level for your DWI conviction. You may be eligible for an “NC hardship license” if you receive a sentence under level three, four, or five. And, you otherwise had a valid driver’s license at the time of your DWI charge.

If you didn’t have a driver’s license when you were charged, you will not be eligible for an “NC hardship license.” Also, if you received a Level One, Level Two, or Level A1 (aggravated) conviction, you will not be eligible for limited driving privileges.

What Does Limited Driving Privileges or an “NC Hardship License” Mean for My Driving?

With an “NC hardship license,” the judge will limit the times of day that you are allowed to drive. Standard work hours in North Carolina are 6 a.m. to 8 p.m., Monday through Friday. Most courts allow permission to drive during all standard hours for work, school, and household maintenance. The courts also often allow driving for work or school during “non-standard” hours (after 8 pm and on weekends), but you need to document the need for the special hours with a letter from your work or school. 

The judge could also grant a one-hour window to get to work and back or may restrict your driving to certain predefined routes. The specific driving privilege granted is up to the judge on the case. Often, you can get permission to drive as needed to perform community service or attend treatment programs.