Limited Driving Privileges: How to Get on the Road Again in North Carolina After a DWI

Obtaining a hardship license or limited driving
privileges in North Carolina after a DWI
conviction can be complicated and overwhelming.

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With thousands of successful DWI cases and decades of experience, we are confident we can help you drive legally again. 

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Get Your License Back After a DWI

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. But, 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 get driving legally through several options. While there is technically no such thing as a “hardship license” in NC, under statute § 20‑179.3 there is a limited driving privilege for level 3,4, or 5, DWIs.

Definition of Limited Driving Privilege. – 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.

What Kind of Limited Driving Privilege Does a “Hardship License” Give You?

With an NC “hardship license,” the judge will limit the times 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 will allow permission to drive during all standard hours to work, school, and household maintenance. The courts will also often allow you to drive for work or school during “non-standard” hours (after 8 pm and on weekends), but you will need to document the special hours with a letter from work or school. 

The judge could also grant you a one-hour window to get to work and back. Regardless of what’s granted, it’s up to the judge in question. The judge may also restrict your privileges to certain predefined routes. Often, you can get permission to drive as needed to perform community service or attend treatment programs.

Will I need an Ignition Interlock System?

An ignition interlock system may be a prerequisite to receiving any limited driving privilege in NC. An ignition interlock prevents a vehicle from starting if it detects a number of different substances in the person’s breath. If you blew a .15 or higher, the court will require you to install an interlock system. An interlock system is expensive, but you must have it installed during the period that your driver’s license is revoked, and perhaps longer.

Who is Eligible for a Limited Driving Privilege in NC?

Your eligibility for a limited driving privilege depends heavily on the sentencing level for your DWI conviction. You may be eligible for a “hardship license” in NC 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. Judges can vary widely on the extent of the driving privileges that 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.

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

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Your attorney may recommend that you complete an alcohol assessment before your trial to get credit for it as a mitigating factor. After the assessment, the counselor will have written a recommendation to the court concerning your treatment. That recommendation letter is proof of your assessment, and you’ll need it when seeking a limited driving privilege after a DWI conviction.

You may also need a letter from your employer stating the hours that you work. This isn’t a letter that needs to discuss your job performance, but it does need to be on company letterhead. Make sure it includes your odd hours as well. For instance, you may work a swing shift one week, but different hours in subsequent weeks. You’ll want your employment letter to cover those hours so that you can petition for driving privileges during those times. The more hours you have in your letter gives the court a reason to approve more hours for your limited driving privilege. You can also get a hardship license if you are self-employed. You’ll want to ask your DWI lawyer about the documentation you’ll need in this case.

The final document you’ll need is proof of insurance. This comes in a form called a DL-123. You can get this form from your insurance agent, and it shows that you have valid insurance. This form is absolutely required to petition for a limited driving privilege in NC. Nothing else will satisfy the court, including a copy of your policy or even an insurance binder. It’s worth noting that the form is only valid for 30 days, so don’t get it until you’re about to go to trial. That way, it should be good for you to immediately use to petition for a limited driving privilege if it’s necessary for you to do so after your DWI trial. Of course, if your case is continued, you’ll have to get another form.

What Do I Need to Petition for a Limited Driving Privilege?

You will need a few documents before you may petition for a limited driving privilege. The following documents are used to determine your eligibility to petition for a limited driving privilege in NC. After getting approved, your attorney will let you know which documents you need to present your petition to the judge.

  • A Treatment Recommendation Letter from a Counselor

    Your attorney may recommend that you complete an alcohol assessment before your trial to get credit for it as a mitigating factor. After the assessment, the counselor will have written a recommendation to the court concerning your treatment. That recommendation letter is proof of your assessment, and you’ll need it when seeking a limited driving privilege after a DWI conviction.

  • A Letter From Your Employer With Your Hours

    You may also need a letter from your employer stating the hours that you work. This isn’t a letter that needs to discuss your job performance, but it does need to be on company letterhead. Make sure it includes your odd hours as well. For instance, you may work a swing shift one week, but different hours in subsequent weeks. You’ll want your employment letter to cover those hours so that you can petition for driving privileges during those times. The more hours you have in your letter gives the court a reason to approve more hours for your limited driving privilege. You can also get a “hardship license” if you are self-employed. You’ll want to ask your DWI lawyer about the documentation you’ll need in this case.

  • Proof of Insurance

    The final document you’ll need is proof of insurance. This comes in a form called a DL-123. You can get this form from your insurance agent, and it shows that you have valid insurance. This form is absolutely required to petition for a limited driving privilege in NC. Nothing else will satisfy the court, including a copy of your policy or even an insurance binder. It’s worth noting that the form is only valid for 30 days, so don’t get it until you’re about to go to trial. That way, it should be good for you to immediately use to petition for a limited driving privilege if it’s necessary for you to do so after your DWI trial. Of course, if your case is continued, you’ll have to get another form.

limited driving privilege

After your DWI trial, your lawyer will know whether you’re eligible for limited privileges. Prior to trial, he or she will inform you of what you need and when you need your documents. Submit these documents as soon as possible so that you can petition the court as quickly as possible.

Remember, a limited driving privilege is up to the judge to give. While many judges will grant the privileges (they really don’t want you losing your job and becoming a burden on society), it’s important to understand that the final decision lies with the judge. You don’t have a right to a limited driving privilege despite being eligible to petition.

Maintain Your NC Hardship License or Limited Driving Privilege in Good Standing

Maintaining Your “Hardship License” in Good Standing

Should the judge grant you the limited driving privilege, you’ll get a form from the court with the judge’s signature and a raised seal. This form will allow you to drive during certain hours and possibly only along certain specific routes, and of course, for limited reasons.

This form is a court order and you must have it on you any time you are driving. If you don’t, you will likely get charged with driving with a revoked license.

Keep in mind that a “hardship license” does not change the fact that your license is suspended. The Department of Motor Vehicles has you listed as having your license revoked. That revocation doesn’t go away during the hours the judge has allowed you to drive. The judge has simply given you permission to drive despite the revocation of your license due to your DWI.

If an officer stops you and runs a license check, it will come back as revoked. The record should say that you have a limited driving privilege, but it won’t tell the officer the restrictions on your hours and driving. This is why you must have the court’s order that allows you to drive on hand. Otherwise, you are not justified to be driving anywhere in North Carolina, and you could get arrested for driving with a revoked license. You’ll need to have the original order with the signature and the raised seal, and there’s no way around it. Even if you are able to produce it later, you could still get convicted. Worse, you could lose your privileges and the DMV could tack another year on to the revocation of your license.

Consult with a DWI Lawyer Today

Having an experienced lawyer by your side is a must-have when you’re facing a DWI conviction. Speak with one of our DWI attorneys today and get started on your path to driving again. Your initial DWI consultation is always free.

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Winston-Salem

Criminal & Immigration Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907

Winston-Salem

Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221

Greensboro

Criminal & Family Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528

High Point

Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118

Our service area includes Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Randolph County, and Alamance County.