The most common type of limited driving privilege is related to Driving While Impaired. However, there are many other instances where one might need a limited driving privilege such as a revocation for a high speeding ticket or a conviction while your licenses is revoked. In most cases a limited driving privilege may be obtained if the driver has complied with the statutory requirements for the limited privilege. Below is the law on limited privileges.
§ 20-179.3. Limited driving privilege.
(a) Definition of
Limited Driving Privilege. - A limited driving privilege is a judgment issued
in the discretion of a court for good cause shown authorizing a person with a
revoked driver's license to drive for essential purposes related to any of the
following:
(1) His employment.
(2) The maintenance
of his household.
(3) His education.
(4) His court-ordered
treatment or assessment.
(5) Community
service ordered as a condition of the person's probation.
(6) Emergency
medical care.
(b) Eligibility. -
(1) A person
convicted of the offense of impaired driving under G.S. 20-138.1 is eligible
for a limited driving privilege if:
a. At the time
of the offense he held either a valid driver's license or a license that had
been expired for less than one year;
b. At the time
of the offense he had not within the preceding seven years been convicted of an
offense involving impaired driving;
c. Punishment
Level Three, Four, or Five was imposed for the offense of impaired driving;
d. Subsequent
to the offense he has not been convicted of, or had an unresolved charge lodged
against him for, an offense involving impaired driving; and
e. The person
has obtained and filed with the court a substance abuse assessment of the type
required by G.S. 20-17.6 for the restoration of a drivers license.
A person whose North Carolina
driver's license is revoked because of a conviction in another jurisdiction
substantially similar to impaired driving under G.S. 20-138.1 is eligible for a
limited driving privilege if he would be eligible for it had the conviction
occurred in North Carolina. Eligibility for a limited driving privilege
following a revocation under G.S. 20-16.2(d) is governed by G.S. 20-16.2(e1).
(2) Any person whose
licensing privileges are forfeited pursuant to G.S. 15A-1331.1 is eligible for
a limited driving privilege if the court finds that at the time of the
forfeiture, the person held either a valid drivers license or a drivers license
that had been expired for less than one year and
a. The person
is supporting existing dependents or must have a drivers license to be
gainfully employed; or
b. The person
has an existing dependent who requires serious medical treatment and the
defendant is the only person able to provide transportation to the dependent to
the health care facility where the dependent can receive the needed medical
treatment.
The limited driving privilege granted
under this subdivision must restrict the person to essential driving related to
the purposes listed above, and any driving that is not related to those
purposes is unlawful even though done at times and upon routes that may be
authorized by the privilege.
(c) Privilege Not
Effective until after Compliance with Court-Ordered Revocation. - A person
convicted of an impaired driving offense may apply for a limited driving
privilege at the time the judgment is entered. A person whose license is
revoked because of a conviction in another jurisdiction substantially similar
to impaired driving under G.S. 20-138.1 may apply for a limited driving
privilege only after having completed at least 60 days of a court-imposed term
of nonoperation of a motor vehicle, if the court in the other jurisdiction
imposed such a term of nonoperation.
(c1) Privilege Restrictions for
High-Risk Drivers. - Notwithstanding any other provision of this section, any
limited driving privilege issued to a person convicted of an impaired driving
offense with an alcohol concentration of 0.15 or more at the time of the
offense shall:
(1) Not become
effective until at least 45 days after the final conviction under G.S. 20-138.1;
(2) Require the
applicant to comply with the ignition interlock requirements of subsection (g5)
of this section; and
(3) Restrict the
applicant to driving only to and from the applicant's place of employment, the
place the applicant is enrolled in school, any court ordered treatment or
substance abuse education, and any ignition interlock service facility.
For purposes of this subsection, the results of a chemical
analysis presented at trial or sentencing shall be sufficient to prove a
person's alcohol concentration, shall be conclusive, and shall not be subject
to modification by any party, with or without approval by the court.
(d) Application for and
Scheduling of Subsequent Hearing. - The application for a limited driving
privilege made at any time after the day of sentencing must be filed with the
clerk in duplicate, and no hearing scheduled may be held until a reasonable
time after the clerk files a copy of the application with the district
attorney's office. The hearing must be scheduled before:
(1) The presiding
judge at the applicant's trial if that judge is assigned to a court in the
district court district as defined in G.S. 7A-133 or superior court district or
set of districts as defined in G.S. 7A-41.1, as the case may be, in which the
conviction for impaired driving was imposed.
(2) The senior
regular resident superior court judge of the superior court district or set of
districts as defined in G.S. 7A-41.1 in which the conviction for impaired
driving was imposed, if the presiding judge is not available within the
district and the conviction was imposed in superior court.
(3) The chief
district court judge of the district court district as defined in G.S. 7A-133
in which the conviction for impaired driving was imposed, if the presiding
judge is not available within the district and the conviction was imposed in
district court.
If the applicant was convicted of an offense in another
jurisdiction, the hearing must be scheduled before the chief district court
judge of the district court district as defined in G.S. 7A-133 in which he
resides. G.S. 20-16.2(e1) governs the judge before whom a hearing is scheduled
if the revocation was under G.S. 20-16.2(d). The hearing may be scheduled in
any county within the district court district as defined in G.S. 7A-133 or
superior court district or set of districts as defined in G.S. 7A-41.1, as the
case may be.
(e) Limited Basis
for and Effect of Privilege. - A limited driving privilege issued under this
section authorizes a person to drive if his license is revoked solely under
G.S. 20-17(a)(2) or as a result of a conviction in another jurisdiction
substantially similar to impaired driving under G.S. 20-138.1; if the person's
license is revoked under any other statute, the limited driving privilege is
invalid.
(f) Overall
Provisions on Use of Privilege. - Every limited driving privilege must restrict
the applicant to essential driving related to the purposes listed in subsection
(a), and any driving that is not related to those purposes is unlawful even
though done at times and upon routes that may be authorized by the privilege.
If the privilege is granted, driving related to emergency medical care is
authorized at any time and without restriction as to routes, but all other driving
must be for a purpose and done within the restrictions specified in the
privilege.
(f1) Definition of
"Standard Working Hours". - Under this section, "standard
working hours" are 6:00 A.M. to 8:00 P.M. on Monday through Friday.
(g) Driving for
Work-Related Purposes in Standard Working Hours. - In a limited driving
privilege, the court may authorize driving for work-related purposes during
standard working hours without specifying the times and routes in which the
driving must occur. If the applicant is not required to drive for essential
work-related purposes except during standard working hours, the limited driving
privilege must prohibit driving during nonstandard working hours unless the
driving is for emergency medical care or is authorized by subsection (g2). The
limited driving privilege must state the name and address of the applicant's
place of work or employer, and may include other information and restrictions
applicable to work-related driving in the discretion of the court.
(g1) Driving for Work-Related
Purposes in Nonstandard Hours. - If the applicant is required to drive during
nonstandard working hours for an essential work-related purpose, he must
present documentation of that fact before the judge may authorize him to drive
for this purpose during those hours. If the applicant is self-employed, the
documentation must be attached to or made a part of the limited driving
privilege. If the judge determines that it is necessary for the applicant to
drive during nonstandard hours for a work-related purpose, he may authorize the
applicant to drive subject to these limitations:
(1) If the applicant
is required to drive to and from a specific place of work at regular times, the
limited driving privilege must specify the general times and routes in which
the applicant will be driving to and from work, and restrict driving to those
times and routes.
(2) If the applicant
is required to drive to and from work at a specific place, but is unable to
specify the times at which that driving will occur, the limited driving
privilege must specify the general routes in which the applicant will be
driving to and from work, and restrict the driving to those general routes.
(3) If the applicant
is required to drive to and from work at regular times but is unable to specify
the places at which work is to be performed, the limited driving privilege must
specify the general times and geographic boundaries in which the applicant will
be driving, and restrict driving to those times and within those boundaries.
(4) If the applicant
can specify neither the times nor places in which he will be driving to and
from work, or if he is required to drive during these nonstandard working hours
as a condition of employment, the limited driving privilege must specify the
geographic boundaries in which he will drive and restrict driving to that
within those boundaries.
The limited driving privilege must state the name and address of
the applicant's place of work or employer, and may include other information
and restrictions applicable to work-related driving, in the discretion of the
court.
(g2) Driving for Other than
Work-Related Purposes. - A limited driving privilege may not allow driving for
maintenance of the household except during standard working hours, and the
limited driving privilege may contain any additional restrictions on that
driving, in the discretion of the court. The limited driving privilege must
authorize driving essential to the completion of any community work assignments,
course of instruction at an Alcohol and Drug Education Traffic School, or
substance abuse assessment or treatment, to which the applicant is ordered by
the court as a condition of probation for the impaired driving conviction. If
this driving will occur during nonstandard working hours, the limited driving
privilege must specify the same limitations required by subsection (g1) for
work-related driving during those hours, and it must include or have attached
to it the name and address of the Alcohol and Drug Education Traffic School,
the community service coordinator, or mental health treatment facility to which
the applicant is assigned. Driving for educational purposes other than the
course of instruction at an Alcohol and Drug Education Traffic School is
subject to the same limitations applicable to work related driving under
subsections (g) and (g1).
(g3) Ignition Interlock
Allowed. - A judge may include all of the following in a limited driving
privilege order:
(1) A restriction
that the applicant may operate only a designated motor vehicle.
(2) A requirement
that the designated motor vehicle be equipped with a functioning ignition
interlock system of a type approved by the Commissioner. The Commissioner shall
not unreasonably withhold approval of an ignition interlock system and shall
consult with the Division of Purchase and Contract in the Department of
Administration to ensure that potential vendors are not discriminated against.
(3) A requirement
that the applicant personally activate the ignition interlock system before
driving the motor vehicle.
(g4) The restrictions set forth
in subsection (g3) and (g5) of this section do not apply to a motor vehicle
that meets all of the following requirements:
(1) Is owned by the
applicant's employer.
(2) Is operated by
the applicant solely for work-related purposes.
(3) Its owner has
filed with the court a written document authorizing the applicant to drive the
vehicle, for work-related purposes, under the authority of a limited driving
privilege.
(g5) Ignition Interlock
Required. - If a person's drivers license is revoked for a conviction of G.S.
20-138.1, and the person had an alcohol concentration of 0.15 or more, a judge
shall include all of the following in a limited driving privilege order:
(1) A restriction
that the applicant may operate only a designated motor vehicle.
(2) A requirement
that the designated motor vehicle be equipped with a functioning ignition
interlock system of a type approved by the Commissioner, which is set to
prohibit driving with an alcohol concentration of greater than 0.00. The
Commissioner shall not unreasonably withhold approval of an ignition interlock
system and shall consult with the Division of Purchase and Contract in the
Department of Administration to ensure that potential vendors are not
discriminated against.
(3) A requirement
that the applicant personally activate the ignition interlock system before
driving the motor vehicle.
For purposes of this subsection, the results of a chemical
analysis presented at trial or sentencing shall be sufficient to prove a
person's alcohol concentration, shall be conclusive, and shall not be subject
to modification by any party, with or without approval by the court.
(h) Other Mandatory
and Permissive Conditions or Restrictions. - In all limited driving privileges
the judge shall also include a restriction that the applicant not consume
alcohol while driving or drive at any time while he has remaining in his body
any alcohol or controlled substance previously consumed, unless the controlled
substance was lawfully obtained and taken in therapeutically appropriate
amounts. The judge may impose any other reasonable restrictions or conditions
necessary to achieve the purposes of this section.
(i)
Modification or Revocation of Privilege. - A judge who issues a limited driving
privilege is authorized to modify or revoke the limited driving privilege upon
a showing that the circumstances have changed sufficiently to justify
modification or revocation. If the judge who issued the privilege is not
presiding in the court in which the privilege was issued, a presiding judge in
that court may modify or revoke a privilege in accordance with this subsection.
The judge must indicate in the order of modification or revocation the reasons
for the order, or he must make specific findings indicating the reason for the
order and those findings must be entered in the record of the case.
(j) Effect of
Violation of Restriction. - A holder of a limited driving privilege who
violates any of its restrictions commits the offense of driving while his
license is revoked under G.S. 20-28(a) and is subject to punishment and license
revocation as provided in that section. If a law-enforcement officer has
reasonable grounds to believe that the holder of a limited driving privilege
has consumed alcohol while driving or has driven while he has remaining in his
body any alcohol previously consumed, the suspected offense of driving while
license is revoked is an alcohol-related offense subject to the implied-consent
provisions of G.S. 20-16.2. If a holder of a limited driving privilege is
charged with driving while license revoked by violating a restriction contained
in his limited driving privilege, and a judicial official determines that there
is probable cause for the charge, the limited driving privilege is suspended
pending the resolution of the case, and the judicial official must require the holder
to surrender the limited driving privilege. The judicial official must also
notify the holder that he is not entitled to drive until his case is resolved.
Notwithstanding any other provision of law, an alcohol
screening test may be administered to a driver suspected of violating this
section, and the results of an alcohol screening test or the driver's refusal
to submit may be used by a law enforcement officer, a court, or an
administrative agency in determining if alcohol was present in the driver's
body. No alcohol screening tests are valid under this section unless the device
used is one approved by the Department of Health and Human Services, and the
screening test is conducted in accordance with the applicable regulations of
the Department as to the manner of its use.
(j1) Effect of Violation
of Community Service Requirement. - Section of Community Corrections of the
Division of Adult Correction staff shall report significant violations of the
terms of a probation judgment related to community service to the court that
ordered the community service. The court shall then conduct a hearing to
determine if there was a willful failure to comply. The hearing may be held in
the district where the requirement was imposed, where the alleged violation
occurred, or where the probationer resides. If the court determines that there
was a willful failure to pay the prescribed fee or to complete the work as
ordered within the applicable time limits, the court shall revoke any limited
driving privilege issued in the impaired driving case until community service
requirements have been met. In addition, the court may take any further action
authorized by Article 82 of Chapter 15A of the General Statutes for violation
of a condition of probation.
(k) Copy of Limited
Driving Privilege to Division; Action Taken if Privilege Invalid. - The clerk
of court or the child support enforcement agency must send a copy of any
limited driving privilege issued in the county to the Division. A limited
driving privilege that is not authorized by this section, G.S. 20-16.2(e1), 20-16.1,
50-13.12, or 110-142.2, or that does not contain the limitations required by
law, is invalid. If the limited driving privilege is invalid on its face, the
Division must immediately notify the court and the holder of the privilege that
it considers the privilege void and that the Division records will not indicate
that the holder has a limited driving privilege.
(l) Any judge
granting limited driving privileges under this section shall, prior to granting
such privileges, be furnished proof and be satisfied that the person being
granted such privileges is financially responsible. Proof of financial
responsibility shall be in one of the following forms:
(1) A written
certificate or electronically-transmitted facsimile thereof from any insurance
carrier duly authorized to do business in this State certifying that there is
in effect a nonfleet private passenger motor vehicle liability policy for the
benefit of the person required to furnish proof of financial responsibility.
The certificate or facsimile shall state the effective date and expiration date
of the nonfleet private passenger motor vehicle liability policy and shall
state the date that the certificate or facsimile is issued. The certificate or
facsimile shall remain effective proof of financial responsibility for a period
of 30 consecutive days following the date the certificate or facsimile is
issued but shall not in and of itself constitute a binder or policy of
insurance or
(2) A binder for or
policy of nonfleet private passenger motor vehicle liability insurance under
which the applicant is insured, provided that the binder or policy states the
effective date and expiration date of the nonfleet private passenger motor
vehicle liability policy.
The preceding provisions of this subsection do not apply to
applicants who do not own currently registered motor vehicles and who do not
operate nonfleet private passenger motor vehicles that are owned by other
persons and that are not insured under commercial motor vehicle liability
insurance policies. In such cases, the applicant shall sign a written
certificate to that effect. Such certificate shall be furnished by the
Division. Any material misrepresentation made by such person on such
certificate shall be grounds for suspension of that person's license for a
period of 90 days.
For the purpose of this subsection "nonfleet private
passenger motor vehicle" has the definition ascribed to it in Article 40
of General Statute Chapter 58.
The Commissioner may require that certificates required by
this subsection be on a form approved by the Commissioner. Such granting of
limited driving privileges shall be conditioned upon the maintenance of such
financial responsibility during the period of the limited driving privilege.
Nothing in this subsection precludes any person from showing proof of financial
responsibility in any other manner authorized by Articles 9A and 13 of this
Chapter. (1983, c. 435, s. 31; 1983 (Reg. Sess.,
1984), c. 1101, ss. 30-33; 1985, c. 706, s. 2; 1987, c. 869, s. 13; 1987 (Reg.
Sess., 1988), c. 1037, s. 78; 1989, c. 436, s. 6; 1994, Ex. Sess., c. 20, s. 3;
1995, c. 506, ss. 1, 2; c. 538, s. 2(h); 1995 (Reg. Sess., 1996), c. 756, s.
31; 1997-379, s. 5.6; 1999-406, ss. 4-6; 2000-155, ss. 7, 11-13; 2001-487, s.
55; 2007-182, s. 2; 2007-493, ss. 24, 29, 30; 2008-187, s. 36(c); 2009-372, s.
15; 2011-145, s. 19.1(k); 2012-194, s. 45(c).)
