Limited Driving Privilege After a DWI in the Outer Banks

Need to Drive While Your License Is Revoked?

A DWI arrest or conviction in Dare or Currituck County can leave you without a license for months, or longer. For many people, the most urgent question is how to keep getting to work. A limited driving privilege is a court order that allows you to drive for specific essential purposes while your license is revoked.

Daniel P. Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles DWI cases and limited privilege petitions in both Dare and Currituck County courts.

Call or text 252-715-5785 to find out whether you may qualify.

Three Points Where a Limited Privilege May Be Available

North Carolina allows limited driving privileges at different stages of a DWI case, and each has its own rules:

• During the 30-day civil revocation. After the first 10 days of the civil revocation that follows a DWI arrest, you may be able to get a privilege for the rest of that period.
• After a DWI conviction. Depending on your sentencing level and your record, you may be eligible for a privilege during the revocation that follows a conviction.
• After a refusal revocation. If your license was revoked for refusing a chemical test, a privilege may become available in some cases after at least six months.

Who Is Eligible After a DWI Conviction

Under N.C.G.S. 20-179.3, as amended effective December 1, 2024, eligibility after a conviction generally requires that:

• You were sentenced at Level 3, 4, or 5, or at Level 2 where the only grossly aggravating factor was one prior impaired driving conviction
• You had a valid license, or one expired for less than one year, at the time of the offense
• You have not been convicted of more than one other impaired driving offense in the previous seven years
• You have had no new impaired driving conviction and no unresolved impaired driving charge since the offense
• You have filed a substance abuse assessment with the court
• You provide proof of liability insurance on the required DMV form (DL-123)

Every Level 2 privilege requires an ignition interlock device, and the Level 2 option is not available if your alcohol concentration was 0.15 or higher. At Levels 3 through 5, a privilege is still available with an alcohol concentration of 0.15 or higher, but it requires an ignition interlock.

New in 2024: Limited Privileges for Some Level 2 Cases

Before December 1, 2024, a person sentenced at Level 2 could not get a limited driving privilege at all. The law now allows one when the Level 2 sentence is based only on a single prior impaired driving conviction and the other requirements are met. Because the revocation in these cases can last four years or longer, this change can make a major difference for someone who needs to keep working.

What a Limited Privilege Allows

A limited privilege is not a full license. It spells out when and why you may drive. Common allowed purposes include:

• Driving to and from work, and driving for work
• Attending school
• Household maintenance, such as groceries and necessary errands
• Court-ordered community service
• Substance abuse assessment and treatment

Driving is usually limited to standard hours, with exceptions available for people whose work schedules require it. Driving outside the terms of the privilege can be charged as driving while license revoked, so it is important to follow the order exactly.

Out-of-State Drivers

A North Carolina limited privilege allows driving in North Carolina. It does not control what your home state does with your license, which depends on your home state’s laws. If you live outside North Carolina, talk with us early about how the two fit together.

What Else Is at Stake

Beyond the revocation itself, traffic and DWI convictions can bring license suspension and DMV points under N.C.G.S. Section 20-16, and they can raise your insurance premiums under the North Carolina Safe Driver Incentive Plan (SDIP), which is administered by the NC Commissioner of Insurance.

How We Can Help

• Determine which type of limited privilege you may qualify for, and when
• Help you gather the assessment, insurance form, and other paperwork the court requires
• Prepare and present the petition to the court
• Defend the DWI charge itself in Dare or Currituck County District Court

Frequently Asked Questions

How soon after a DWI arrest can I drive again? If you qualify, you may be able to get a privilege after the first 10 days of the 30-day civil revocation. Whether you qualify depends on your record and your situation.

Can I get a privilege if I refused the breath test? Not during the early part of a refusal revocation. In some cases, one may become available after at least six months.

Will I need an ignition interlock? Yes for every Level 2 privilege. At Levels 3 through 5, yes if your alcohol concentration was 0.15 or higher.

Is there a court fee? Yes. The court charges a fee for a limited privilege, separate from our legal fee.

Talk to a Board-Certified Criminal Defense Lawyer

Call or text 252-715-5785, or use the contact form on this page. The sooner we hear from you, the sooner we can tell you whether a limited privilege is an option.

Please do not include confidential or sensitive information in a contact form, text message, or voicemail.