Hardship Licenses and Limited Driving Privileges in North Carolina

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.”

To learn more about hardship licenses and limited driving privileges in North Carolina, schedule a consultation with a skilled DWI attorney from McMinn, Fradin, Gray & Logan.

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

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Will I Need an Ignition Interlock System?

An ignition interlock system may be a prerequisite to receiving any limited driving privileges in North Carolina. 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?

Judges in North Carolina 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.

How Do I Petition for Limited Driving Privileges?

Before you can petition for limited driving privileges in North Carolina, you will need to gather a few important documents. These documents are necessary to assess your eligibility for the petition. Once you receive approval for eligibility, your DWI attorney will inform you of the specific documents required 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 privileges. You can also get an “NC 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 limited driving privileges. 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 petition for limited driving privileges if necessary after your DWI trial. Of course, if your case is continued, you’ll have to get another form.

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.

Maintaining Your “North Carolina Hardship License” in Good Standing

Should the judge grant you limited driving privileges, 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 Limited Driving Privilege 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 an “NC 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 permitted you 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 can produce it later, you could still get convicted, lose your driving privileges, and have another year tacked onto the revocation of your license by the DMV.

Learn More About Limited Driving Privileges and Hardship Licenses with a North Carolina Attorney

If you have questions about hardship licenses and limited driving privileges in North Carolina, contact our team at McMinn, Fradin, Gray & Logan. During an initial consultation, we can discuss your DWI case and your options for moving forward.