North Carolina Limited Driving Privilege

Gregory David Spink

Written by

Litigation Lawyer - Charlotte, NC

Contributor Level 11

Posted about 2 years ago. Applies to North Carolina, 1 helpful vote

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Requirements

  1. Alcohol Assessment
  2. DL-123 Form- Contact Insurance Company
  3. Affidavit
  4. Work Letter- for Extended Hours
  5. $100.00 Filing Fee

The first requirement for the limited driving privilege or hardship license is to perform a alcohol assessment. This assessment costs around $100 and after you hire our firm, we will provide you with a list of facilities in the area to obtain this assessment. Many clients wonder what is an alcohol assessment? I don’t have a drinking problem, why do I need this assessment? We know you don’t have a drinking problem and this arrest was an abortion. The assessment is simply a requirement the NC DMV and NC Judges require to sign off on the privilege, so that is the main reason you will need one.

An alcohol assessment is exactly what it sounds like, it assesses your drinking habits and alcohol consumptions. When you arrive to obtain the assessment, the facility will ask you to answer a list of questions ranging from how often you drink to family history of drinking. After you have completed this questionnaire you will meet with a counselor for an interview. The counselor will ask you a series of questions, similar to the questionnaire you just filled out. After you answer the questionnaire and interview with the counselor, the counselor will make a recommendation for classes to complete. Typically, the counselor will recommend 16-20 hours of classes but you do not need to complete those classes right away. Those classes will have to completed if we lose at trial and are found guilty. As we stated before, the main reason to obtain the assessment is to get you back driving on the road as quickly as possible.

The next document we need to get you back driving is proof of insurance. The NC DMV requires a special form called a DL-123 form. This form is very easy to obtain, all you need to do is call your insurance company to request it and have your insurance company fax it directly to our office at 704-334-7899. The DMV will also accept a Policy Declarations Page.

The last document we must petition the court with is an affidavit from you the applicant. An affidavit is a sworn document which must be notarized, but not to worry, we will draft the document and all you will need to do is sign it and have it notarized. The affidavit serves to inform the judge you understand the restrictions on this license, have not had a previous DWI with the past 7 years, and you are applying for this license for work or school. If you have had a previous DWI in the last 7 years, you would not qualify for this hardship license

Additional Resources

Restrictions Due to this license being a limited driving privilege or hardship license, there are restrictions on the hours you will be able to drive. The standard hours a judge will allow are Monday through Friday from 6 a.m. to 8 p.m. However, we can request extended hours if you work on the weekends or attend school. We simply need a letter from your employer, on your company’s letterhead confirming your work schedule, this will allow you to drive on the weekends or after the standard hours of 6 a.m. to 8 p.m. If you are a student, we simply need an unofficial transcript verifying enrollment, you can print this off the internet. For students we get you extended hours for weekends and evenings. This will allow you study at the library or at other classmates houses, or if you need to work on projects and anything school related. •Standard Hours Monday – Friday 6 a.m. to 8 p.m. •Extended Hours Saturday and Sunday and after 8 p.m. on Weekdays

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