In North Carolina if someone refuses to submit to chemical analysis after being arrested for DWI their license may be revoked for a year. Judges do have the authority to issue limited driving privileges in these circumstances for essential purposes. Additionally someone who has their license revoked for willful refusal may be eligible for limited driving privileges after their license has been revoked at least six months and the underlying charge has been resolved. However the person seeking the limited driving privilege cannot have been convicted of the underlying charge or the conviction must have been for DWI and punished at Level Three, Four, or Five. The person who was convicted must comply with at least one of the mandatory conditions set out in probation prior to requesting a limited driving privilege. If the offense involved death or criminal injury to another person then no limited driving privilege will be issued.
In addition to the above the requirements this is a list of additional requirements that must be satisfied in order to obtain a limited driving privilege:
- Must have had a valid driver’s license or a license that had not been expired longer than a year at the time of refusal
- Must not have been convicted within the preceding seven years of any offense involving impaired driving at the time of refusal
- Must have not willfully refused to submit to a chemical analysis within the preceding seven years or have any pending charges for the same offense subsequent to the refusal
- Must have obtained substance abuse assessment from a mental health facility and complete any recommended training or treatment program
- Must furnish proof of financial responsibility or establish the he or she is exempt from this requirement
Once these requirements are satisfied an application for limited driving privileges must filed with the clerk of court and hearing will not be scheduled until a reasonable time afterwards. These hearings may be held by any district court judge in the district which the refusal case was disposed of or if the case was disposed of in superior court the hearing may be held in that superior court.
If a limited driving privilege is granted it is only issued for essential functions such as driving to work, maintaining the household, community service or emergency care. The limited driving privilege may also set out hours and days which the privilege may be used such as only hours and days someone is scheduled to work. In cases where someone may work a job that does not have set hours every week a judge may authorize driving outside nonstandard work hours but will restrict the privilege to only driving at time and on routes that are required. This privilege will also restrict the driver from consuming any alcohol while driving and at any time he or she may have alcohol in his or her system from previous consumption.
