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Driving Privileges


North Carolina DWI Driving Privileges

For most of us, getting arrested for suspicion of DWI is a life changing event. It leaves us with tons of questions about our future, particularly when it concerns our ability to drive our car or truck. As you know, transportation in Winston-Salem and the surrounding areas isn’t exactly like it is in bigger cities. We are forced to have an automobile and the ability to drive that vehicle in order to get to work, school, church, or even the local grocery store. Many of us don’t live downtown and don’t have the option of using the public transportation which is sparse when compared to larger cities. So how do you know if you qualify for driving privileges in North Carolina? That’s what this page is about.

Winston-Salem DWI Driving Privileges Eligibility

To qualify for driving privileges in North Carolina after being arrested for suspicion of DWI, you must meet certain factors. Keep in mind that there are different types of driving privileges for DWI in North Carolina. There is a pretrial privilege, a privilege for post-conviction, and a privilege for post-conviction requiring interlock. The privilege eligibility kicks in after the expiration of any civil revocation or as with the pretrial privilege significantly reduces the amount of pretrial revocation. There are other privileges not discussed here including out-of-state and Federal convictions and undue hardship, etc. that are too much to include in this section.

Pretrial DWI Driving Privileges

To qualify for pretrial DWI driving privileges you must meet the following conditions:

  • At the time of the alleged offense you must have had a valid license or a license that had been expired for less than one year.
  • You cannot have any unresolved pending charges for impaired driving other than the current one revoking your license.
  • You cannot have an additional conviction of impaired driving during the period of revocation for the current impaired driving charge.
  • Your license must have been revoked for at least 10 days if the original period of revocation is for 30 days or 30 days if the original period of revocation is for 45 days.
  • You must obtain a substance abuse assessment from a mental health facility and register or agree to participate in any recommended training or treatment.
  • There must be no other revocation other than the one for the pending charge.
  • There must be no other pending impaired driving charges.
  • You must have surrendered your license in accordance with NCGS Section 20-16.5(a)(5).

Post-Conviction DWI Driving Privileges

To qualify for post-conviction DWI driving privileges you must meet the following conditions:

  • You must be sentenced at a Level 3, 4, or 5. No privilege for Aggravated Level 1 or Level 1 or 2 convictions.
  • At the time of the offense you must have had a valid license or a license that had been expired for less than one year.
  • At the time of the offense you had not been convicted of an impaired driving offense within the preceding 7 years.
  • After the offense you did not get convicted of another impaired driving offense or have another impaired driving charge pending.
  • You must have no other revocations in effect.
  • You must obtain and file with the court a substance abuse assessment.
  • You must provide the Court with a properly executed DL123 from your insurance provider.

Post-Conviction DWI Driving Privileges Requiring Interlock

To qualify for post-conviction DWI driving privileges requiring interlock you must meet the following conditions:

  • You must be sentenced at a Level 3, 4, or 5. No privilege for Aggravated Level 1 or Level 1 or 2 convictions.
  • At the time of the offense you must have had a valid license or a license that had been expired for less than one year.
  • At the time of the offense you had not been convicted of an impaired driving offense within the preceding 7 years.
  • After the offense you did not get convicted of another impaired driving offense or have another impaired driving charge pending.
  • You must have no other revocations in effect.
  • You must obtain and file with the court a substance abuse assessment.
  • You must provide the Court with a properly executed DL123 from your insurance provider.
  • You had an alcohol concentration of 0.15 (for offenses committed after December 1, 2007) or more.
  • At least 45 days have passed since your conviction.
  • You can only operate the designated motor vehicle in which Interlock is installed.
  • You are only allowed to drive to work, school, Court ordered treatment or substance abuse education, and any ignition Interlock service facility.