Receiving a driving under the influence (DUI) or driving while intoxicated (DWI) conviction can disrupt your everyday life severely. Even if it’s your first DUI, you’ll face a minimum 1-year driver license suspension by the North Carolina DMV.
Your ability to obtain Limited Driving Privileges depends on the circumstance surrounding your arrest. North Carolina groups the severity of the factors into three categories; mitigating, aggravating, and grossly aggravating.
Depending on certain conditions, you can receive limited driving privileges during the first year of your driving suspension. However, if your blood alcohol content showed .15 or higher, then no driving privilege will be allowed within the first 45 days following the issuance of the suspension. A second condition must also be met before you can be issued a limited driving privilege. It’s mandatory for you to have an ignition interlock system installed on your vehicle.
After these conditions have been met, then there are still several steps that must be followed before you can be issued an ignition interlock limited driving privilege. If you have been charged with DUI contact an Asheville drunk driving lawyer today.
Requirements to Obtain an Ignition Interlock Limited Driving Privilege
Once the initial 45-days of your suspension has elapsed, you can request for limited driving. However, you can only obtain one if your current DUI suspension is the only one active on your record, and you are waiting for other DUI charges to be processed. You will also be restricted from acquiring a limited driving privilege if you’ve been convicted of a previous DUI charge within the last seven years.
If you meet the above prerequisites, then as soon as the 45-day waiting period has passed, you should immediately request a DL-123 form from your auto insurance company. This form is only valid for 30-days upon issuance, making it best to wait until you can actually submit it before you request it.
DWI Substance Use Assessment
You’re also required to undertake a DWI Substance Use Assessment before you can be issued limited driving privileges. This assessment can only be conducted by organizations licensed by the state of North Carolina.
The fee for the DWI Assessments is set at $100. The price is immutable as established by the Legislature of the State of NC.
The process is straight forward. A licensed substance abuse counselor will conduct an interview and provide a simple questionnaire to conclude if you have underlying issues with drugs or alcohol.
The results of the DWI assessment are grouped into classifications: no dependency, mild, moderate, or severe drug or alcohol use disorder.
Ignition Interlock Limited Driving Privilege (AOC-CR-340) Form
You must prepare the double-sided ignition interlock limited driving privilege (AOC-CR-340) form.
Install an Ignition Interlock System
Several companies can install an ignition interlock system onto your vehicle. However, you should prepare before having one installed. Make sure that:
- Your vehicle is in good working condition. All of the electrical systems should be functional, and any damages should be repaired prior to installations
- You bring a valid ID
- Have the vehicle registration or a notarized Owner’s Consent to Installation form if you’re not the vehicle’s owner
- Court case documents
- Someone with a valid driver’s license to transport the car for you
Non-Standard Business Hours
Limited driving privileges typically allow commuters to operate a vehicle between 6 AM – 8 AM on weekdays. However, if your job entails work hours outside these parameters, then you’ll need to obtain a letter from your employer that dictates your regular working hours.
Submitting Your Limited Driving Privilege Request
Once you have completed the above steps, bring all substantiating documents to the court clerk in the county that you were charged. The limited driving privilege comes with a $100 fee that needs to be paid to the clerk’s office.
Once you have everything signed, stamped, and sealed, you need to take your documents and the vehicle with the interlock ignition system installed to a North Carolina DMV. This for the DMV to validate that the system has been correctly installed. This will mark the first day of the 365 days that your vehicle needs to have the system installed.
You can now free operate your vehicle according to the guidelines set by the limited driving privilege. The privilege extends typically to work, education, and religious services.
If you’ve been arrested for a DUI in Asheville or anywhere in the State of North Carolina, don’t try and handle the situation alone, contact an experienced DUI attorney at 828-759-5556 for a free consultation. Quick legal representation should be your top priority when building a solid defense against a DUI.