Limited Driving Privileges in Wake County

If you’ve recently been stopped for a DWI in Raleigh, Apex, or Cary or other parts of Wake County, and you’ve either refused to take a breathalyzer or blood test or have blown more than a .08, the officer likely confiscated your license. This initial pre-trial revocation lasts for thirty (30) days.

At this point you’re wondering how you’re going to get to work, pick your kids up from school, shop for dinner, or make sure you can drive to and from school (if you’re a student).

The answer is a Limited Driving Privilege (LDP). Most people are eligible for a limited driving privilege 10 days after the arrest, which lasts for the remaining 20 days of the revocation. After that period, the person gets his full license restored (at least until the DWI is finally resolved.)

A Limited Driving Privilege is something your Raleigh DWI lawyer can do for you. You won’t even need to appear in court.

You will need to supply a DL-123 form. Call your insurance company, tell them you need a DL-123 form, and have them fax it to your attorney. I do everything electronically, so I receive these faxes through my email, print them out, and go in and get the Limited Driving Privilege.

In addition to the DL-123 form, you’ll need to provide proof that you’ve completed an Alcohol Assessment. This involves going to a state-approved agency – the one my clients often go to is called Southlight. The assessment costs $100. You will pay that fee when you go. Have the agency fax the assessment to your attorney.

In addition, your attorney will be able to pull up your Driving History. Your attorney will form out the appropriate petition, submit that, the driving history, and the DL-123 form to the clerk’s office.

The clerk will set a hearing for the next day in Courtroom 1A. Again, you don’t need to attend. Your attorney can do this for you.

At the hearing, the judge will generally grant limited driving privileges for weekdays from 6 am to 8 pm, and issue your lawyer the order. Your lawyer can pay the $100 fee to the clerk on your behalf, and send you the limited driving privileges, billing you later for the fee.

Those limited driving privileges are valid from 10 days after your arrest until the thirty (30) day period expires. At that point, you can get your full license privileges back.

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.