What Is A Limited Driving Privilege?

Other than possibly going to jail, one the worst things about a DWI is that your driver’s license gets suspended.

Even before you are ever convicted of DWI your driver’s license can be suspended for simply being charged with DWI in certain situations.

 

For more information about how a DWI charge can affect your license see the blog posts on this web site called “Will A DWI Suspend My License?” Parts 1 and 2.

 

Fortunately while the law says your license can be suspended for a DWI the law also lets someone whose license gets suspended receive what’s called a limited driving privilege.

A limited driving privilege, or LDP, is a form document signed a judge allowing someone whose driver’s license is suspended to drive their car legally in order to get to work, do household chores, and certain other things.

Only certain people qualify for an LDP, however.  Depending on your driving record, how long your license has been suspended, the type of conviction suspending your license, as well as other things you may or may not be able to get an LDP.

 

What Does A Limited Driving Privilege Do?

A limited driving privilege allows someone whose driver’s license is suspended to drive legally during the time of their license suspension.

While an LDP does allow someone to drive legally during the time of the license suspension, an LDP doesn’t allow someone to drive at all hours of the day and any day of the week.

A typical LDP allows someone to drive legally only between certain hours of the day.

In the typical situation an LDP would only allow you to drive from 6:00 a.m. to 8:00 p.m, Monday through Friday.  In some cases it’s possible to get an LDP that allows you to drive before 6:00 a.m. and after 8:00 p.m. and on the weekend.

A typical LDP allows you to drive for only certain purposes during the times listed in the LDP.

In the typical situation an LDP would only allow you to drive for work, maintenance of the household, educational purposes, to get to court-ordered substance abuse assessment and treatment, community service, or emergency care during the hours described in the LDP.

A person who gets an LDP only allowing them to drive from 6:00 a.m. to 8:00 p.m. can still drive outside those hours for emergency medical purposes, court-ordered community service, or court-ordered substance abuse assessment and treatment.

 

 

When Can I Get A Limited Driving Privilege?

A DWI can suspend your license in 3 ways.

 

The first way a DWI can suspend your license is when you blow into the breathalyzer machine at least a 0.08 or you refuse to blow.  If one these situations applies to you then the magistrate at the jail will suspend your license for, in most cases, 30 days.

 

The second way a DWI can suspend your license is when you refuse to blow and the NC DMV suspends your license for, in most cases, 12 months.

 

The third way a DWI can suspend your license is if you are convicted of DWI.  In that case your license will either be suspended for one or four years, or permanently.

 

For more on the different kinds of suspensions caused by a DWI see the blog posts on this web site called “Will A DWI Suspend My License?” Parts 1 and 2.

 

Fortunately, regardless of which of the 3 situations described above has suspended your license, you can apply for an LDP that would allow you to drive legally during each of the 3 suspensions.

If the magistrate suspended your license for 30 days then you can apply for an LDP after the first 10 days of your suspension.  See below for what you have to do to qualify for an LDP in this situation.

If the NC DMV suspended your license for 12 months for refusing to blow into the breathalyzer you can apply for an LDP after the first 6 months of your suspension.

If your license is suspended for being found guilty of DWI you can apply for an LDP on the same date you are convicted by the judge or jury.

 

 

What Does It Cost To Get A Limited Driving Privilege?

The court cost for a limited driving privilege is $100.  In addition, there are other potential costs such as the cost of getting a substance abuse assessment and any recommended treatment.  See below for the other potential costs of an LDP.

 

What Do I Have To Do To Get A Limited Driving Privilege?

In the case of a person whose license is suspended by the magistrate for 30 or 45 days, to qualify for an LDP you must:

Have waited at least 10 days since the beginning of the 30 or 45 day suspension,

Have had a valid driver’s license at the time of being charged with DWI or a license that had been expired for less than a year,

Not have any other pending DWI charges or DWI convictions since being charged,

Have obtained a substance abuse assessment and registered for any recommended treatment.

In the case of a person whose license is suspended by the NC DMV for 12 months, to qualify for an LDP you must:

Have waited at least 6 months since the beginning of the suspension,

Have resolved your current DWI either because:

1. you were convicted and sentenced as a Level 3, 4, and 5 and have completed one of the conditions of your probation

or

2. you were never convicted at all.

Have had a valid driver’s license or a license that had been expired for less than a year at the time you refused to blow,

Have no DWI convictions within seven years before the date of your refusal to blow,

Have not refused to blow in last seven years,

Have no other pending DWI charges or DWI convictions since being charged,

Have obtained a substance abuse assessment and completed any recommended treatment,

Have proof of car insurance.

In addition to the requirements above, if you blew a 0.15 or more and were convicted then you must also install an ignition interlock device on your car.

In the case of a person whose license is suspended by the NC DMV for one or four years, or permanently, to qualify for an LDP you must:

Have been sentenced as a Level 3, 4, and 5,

Have no other suspensions on your license other than for your DWI conviction,

Had a valid driver’s license or a license that had been expired for less than a year from the date of offense of your current DWI,

Have no DWI convictions within seven years before the date of offense of your current DWI,

Have no other pending DWI charges or DWI convictions since being charged,

Have obtained a substance abuse assessment,

Have proof of car insurance.

In addition to the requirements above, if you blew at least a 0.15 or and were convicted then you must also install an ignition interlock device on your car.

Also, if you blew at least a 0.15 and were convicted you must wait until 45 days have passed since your conviction.

In addition to the requirements I described above there are others as well that your situation may require before you could apply for an LDP.

 

To find out whether you would be eligible for one these limited driving privileges feel free to call me at (919) 908-0230 or (919) 886-7506.  I’d be more than happy to discuss your particular situation with you and go over what you would need to in order to quality for a limited driving privilege.