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.