A Driving While Impaired conviction, whether received in State or Federal court, will result of in the loss of one’s license for at least one (1) year. Depending upon the level of punishment received, some people will qualify for a limited driving privilege under North Carolina General Statute § 20-179.3. This limited driving privilege will enable someone to drive to work, school, and perhaps even for household purposes.

In order to qualify for a limited driving privileged after conviction, the Court must have imposed a Level 3, 4, or 5 punishment. In addition, a person must have had a valid North Carolina driver’s license or a North Carolina license that had been expired for less than one (1) year. Finally, the person must be over 21 years of age and cannot have any unresolved Driving While Impaired charges.

Assuming the above criteria have been met, a person may petition the Court for a post-conviction limited driving privilege once he obtains a Substance Abuse Assessment, proof of insurance via a DL123 Form, and proof of specific hours for school attendance or work. If the Judge ordered installment of an Interlock device as part of the judgment, a person must also show proof of this device and wait forty-five (45) days to petition the Court for a driving privilege.

Special rules apply for Driving While Impaired convictions in which a person refused to submit to the breathalyzer machine (ECIR II). In addition to having to comply with extra requirements, refusal cases must also wait six (6) months from the date of the refusal to petition the Court for a limited driving privilege.

Special rules also apply for convictions of Driving After Consuming While Being Less than 21 Years of Age. In these cases, a person may qualify for a limited driving privilege despite the typical age requirement.

While limited driving privileges most often arise in the case of Driving While Impaired, North Carolina law also allows for a person to petition for a limited driving privilege in certain cases when a license is suspended as the result of a Driving While License Revoked conviction or Speeding conviction.

For more information contact Attorneys David T. Courie, Sr., Mark L. Hearp, or Cristina S. Quantock at 910-323-4600 or 910-875-3379.

How does someone find themselves in Sobriety Court? There are three ways.

(1) acquire a second DWI while having a DWI pending,

(2) acquire a new DWI and have a prior DWI conviction within the last three years,

(3) acquire a new DWI and have two prior convictions in their criminal history.

How is Sobriety Court different then regular court?

Once in Sobriety Court, the judge will place conditions on your pre-trial release. Those conditions include and are not limited to (1) cannot use or possess alcohol while your cases are pending, (2) cannot use or possess any controlled substances, (3) abide by a mandatory curfew, (4) where an ankle bracelet 24 hours a day which checks for the use of alcohol and pay the fee for it, (5) not leave your house unless approved by the court, (6) make all court appearances which occur every two weeks, (7) submit to random drug and alcohol screenings, (8) not drive unless approved by DMV, and (9) attend all meetings with the sobriety court administrator.

Violation of any of these provisions could result in immediate incarceration by the Sobriety Court Judge.

How do you get out of Sobriety Court?

The way to leave Sobriety Court is dependent upon how you first entered the Sobriety Court program. If you were admitted into the program because you picked up a second DWI while your first DWI was pending, you MUST resolve BOTH Driving While Impaired Cases before you may be released from the program. If you entered the program because you received a DWI and had a prior DWI conviction within the past three years, then to be released from Sobriety Court you must resolve the new Driving While Impaired offense. If you were admitted into Sobriety Court because you had two prior DWI convictions on your criminal history (even if they occurred thirty years ago) and picked up a new Driving While Impaired offense, then you must resolve the new offense in order to be released from the program.

This article is meant for informative purposes and is only a brief overview of Sobriety Court . For more information contact attorneys David T. Courie, Sr., Mark L. Hearp, or Cristina S. Quantock at 910-323-4600 or 910-875-3379.