Can I get my license back following a DWI Raleigh arrest?

When you were arrested , your right to drive on North Carolina’s roads was temporarily suspended. North Carolina has a Civil Revocation law, which requires the driver to give up his license to a police officer at the time the driver is charged by the Magistrate with the crime of DWI.

The revocation period lasts at least 30 days. At the end of the 30 days, the driver – or the driver’s attorney – can go get the license from the courthouse after paying $100.

If you need your license back more quickly, in most cases you can request Limited Driving Privileges (LDP) from the court after just a 10-day revocation period.

Limited Driving Privileges require you to pay the court a $100 fee, submit proof of having completed a Substance Abuse Assessment and having pre-enrolled in treatment, proof of valid insurance, and a seven (7) year certified DMV driving history.

Your lawyer can help you get this material together, submit the forms on your behalf, and get your LDP from the court.

A Limited Driving Privilege is an Order granted by a judge. You must keep this paper with you when you’re driving. The LDP permits you to drive under certain conditions. Read the LDP Order carefully, or discuss it with your lawyer. The LDP Order is valid until 30 days after your arrest. At that time you can normally get your full, regular Driver’s License back from the court.

Once you get your Driver’s License back from the court thirty (30) days after your arrest, you have your full driving privileges back. Again, discuss this issue with your lawyer to ensure you are following the law.

Do not drink and drive during this period. A second DWI charge will mess up your legal situation with regard to your first DWI charge.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.