IMPORTANT DATES TO REMEMBER

• Conviction Date = Date 1: ___ / ___ / 20____
• Earliest date for Limited Privileges = Date 1 + 45 days = ___ / ___ / 20____
• Estimated[*] Restored DL = Date 1 + one year = ___ / ___ / 20____

Go to the DMV and get a new driver’s license with a restriction on the back which requires an interlock.

• Estimated date for removal of Interlock[†] = Date 1 plus 1 year and 45 days = ___ / ___ / 20____

Then go get a second new driver’s license WITHOUT the interlock restriction on the back.

Because the results of the Chemical Analysis in your case came back over .14 – you are required to have an Ignition Interlock installed on your vehicle before you can get any limited driving privileges; and then only after a 45-day period of no driving.  Also with an interlock driving privilege, the legislature made the law so that you cannot get driving privileges for maintenance of a household or for your community service.  This is bad law, but it is the law until your elect new representatives and they change the law.  Unfortunately, we cannot change this right now.  You can only get privileges to drive to and from work or school, for treatment, and to and from Interlock appointments.  Here are the statutory restrictions:

N.C.G.S. 20-179 applies to offenses committed on or after December 1, 2007.

1. Your limited driving privilege may not become effective until at least 45 days after the conviction
2. Your designated motor vehicle must be equipped with an Ignition Interlock
3. You must personally activate the Ignition Interlock
4. You may drive only to and from your place of employment, the place you are enrolled in school, any court-ordered treatment or substance abuse education, and any Ignition Interlock service facility

You may contact Smart Start at (800) 880-3394, Monitech at (800) 521-4246, or Alcolock at (866) 700-9300 to schedule your installation.  There can be a week or more lead time with appointments, so do not wait until the last minute.  Try to get the appointment set up soon to give yourself enough time to have it installed and get all the paperwork turned in to our office before the 45 days of no driving are up.

At your initial installation appointment, you will need to sign your lease agreement and pay for the first month or two month’s (depending on the location) lease fee.  The lease fee is $70 to $90 per month plus tax and a $50 additional charge may be incurred if the machine is locked out or setoff.

At the time of your installation, you must be present, and it requires one to two hours to install. At this appointment, the representative will explain how the unit works, the service requirements, and what to do if you have problems or questions.  The device is to be monitored and calibrated regularly, and at your installation appointment, they will schedule your next service.

When you arrive at your initial installation appointment, you will need to bring:

• a photo ID
• a copy of specific paperwork requiring the interlock device
• proof of address

5 ITEMS OUR OFFICE NEEDS TO GET YOUR PRIVILEGES

_______1.  ALCOHOL ASSESSMENT:  You are required by law to get an “Alcohol Assessment” performed by a licensed agency before you can get limited driving privileges.

________2.  LETTER FROM EMPLOYER:  This letter is only to substantiate the hours that you work so that we can include the hours in the privileges.   It does not need to include any references, say you are a good person or tell about your job performance; it merely confirms the hours that you need to be able to drive to and from work.  It is important that the letter include ALL hours and days that you MAY work not just your regular hours.

________3.  DL-123:  This is a form you get from your insurance agent to show you have valid insurance; it is only valid for 30 days so wait until we get closer to the 45-day window.  This form can be faxed to our office directly from your agent; we do not need the original. You must have this form, a copy of your binder or policy will NOT satisfy the Court.

________4.  $100.00 FILING FEE to be paid to the clerk:   We typically put this fee into our Trust Account so that we can have an attorney pay this for you.  It is the Fee that the Clerk of Court charges for the Limited Driving Privilege.

________5.  INTERLOCK INSTALLATION:   Bring by a copy of the contract which proves the installation, and we can make a copy of it here for you.

NOTES:

1. Post Trial privileges are only valid for one year from the date of your conviction/suspension. One year and a day after your conviction you must pay the DMV a restoration fee and get your driver’s license restored.
2. Your restored driver’s license will still have the Interlock restriction for at least 45 days (long enough to complete one year with the interlock installed), but you must go get your DL reinstated since the limited driving privileges are only valid for one year from the conviction date. There is no way to get an extension on your limited privileges.
3. After the one year suspension is up, you must have completed the alcohol treatment, and the agency must have sent a 508 Form to the DMV, or you will not be able to get your license back after the year.
4. If your Interlock machine gets readings that you have blown Alcohol into the device, it will record it on a digital chip and then report it to the DMV. You will get a very plain letter asking you to come in for a hearing or review.  BEWARE!  This hearing is recorded and you do not get a second hearing with a lawyer.  You MUST present and preserve all your defenses at the first DMV hearing.  Hire a lawyer that knows what they are doing at these hearings to attend the hearing with you.
5. You can only drive a vehicle with the Interlock installed. If you are caught driving a vehicle without an interlock, you are Driving While License REVOKED. These privileges are only valid if you have them with you when you are driving.  If you leave them at home, you are Driving While License REVOKED.

[*]This date is not set in stone.  It depends upon when the DMV actually recognizes the Court Conviction and then suspends your DL.  There may be a lag in the actual dates that the DMV gets the suspension in place.  Make certain that you and your attorney have properly signed DL-53 and turned it into the clerks or you may not be getting proper credit from the conviction date.  Keep a copy (or have your attorney Keep a copy so you can provide it to the DMV if there is an issue a year later when you go to get your license back.

[†] We base this estimate upon your installing the Interlock exactly 45 days after the conviction.  This date is not set in stone; rather it depends upon when you actually have the Interlock installed and having it installed for a full year.  You should check with the DMV to be certain of the exact date that the DMV recognizes that you may remove the Interlock.