How do you get a pretrial Limited Driving Privilege after you are charged with Driving While Impaired?
If you have been charged with Driving While Impaired (DWI) in North Carolina and your license has been revoked, you may be eligible for a pretrial Limited Driving Privilege (pretrial LDP) that will allow you to drive under certain circumstances, on certain days, and between certain times.
To get a pretrial limited driving privilege in North Carolina, you will need to take the following steps:
- Attend a DWI assessment: You will need to attend an assessment conducted by a certified substance abuse counselor who will determine whether you need to complete a substance abuse treatment program.
- Obtain a copy of your driving record: You will need to obtain a copy of your driving record from the North Carolina Division of Motor Vehicles (DMV). You can request a copy of your driving record online or by visiting a DMV office.
- Complete the DL-123 form: You will need to complete a DL-123 form, which certifies that you have liability insurance coverage.
- Prepare and complete Administrative Office of the Court forms: You will need to complete the Petition for Limited Driving Privilege Pretrial Revocation form and the Limited Driving Privilege Pretrial Revocation form.
- Submit your paperwork: You will need to submit the following pretrial LDP documents to the court in the county where your DWI case is pending: the Petition, the LDP, your Driving Record, your DL-123 form, and your Substance Abuse Assessment.
- Attend a hearing: You will need to attend a hearing before a judge, who will determine whether to grant you a pretrial LDP.
- Pay court costs: Once your pretrial LDP is approved, you will need to pay the respective county Clerk of Court Office $100.00.
If the judge grants you a pretrial LDP, you will need to carry a copy of the order with you when you drive. The pretrial LDP will only allow you to drive Monday through Friday from 6:00 a.m. to 8:00 p.m. and for certain purposes, such as work, school, or “maintenance of the household.” Violating the terms of the pretrial LDP can result in additional charges, so it is important to strictly follow the restrictions. If you need extended driving hours or weekend driving privileges, you may be able to have them ordered with appropriate documentation.
