Arrested Doesn’t Mean Guilty

Winston-Salem Driving Privileges

For the majority of us, the allegation of driving while impaired (DWI) can be a life-altering event. You may have questions about your future, particularly when it involves your ability to drive your car or truck. Public transportation in Winston-Salem and the surrounding areas isn’t readily accessible like it is in bigger cities. We are forced to have an automobile for the most basic of needs like going to school, work, church or groceries. How do you know if you qualify for driving privileges in Winston-Salem? This page explains your eligibility.

Winston-Salem DWI Driving Privileges Eligibility

After being arrested for suspicion of DWI, to qualify for driving privileges in Winston-Salem you must meet certain conditions. Please keep in mind that there are different types of driving privileges for DWI in Winston-Salem: 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. 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

For pretrial DWI driving privileges you must meet the following conditions:

  • You cannot have any unresolved pending charges for impaired driving other than the current one revoking your license.
  • 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.
  • Your license must have been revoked for at least 10 days if the original period of revocation is for 30 days or 30 days if the original period of revocation is for 45 days.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.
  • You cannot have an additional conviction of impaired driving during the period of revocation for the current impaired driving charge.
  • There must be no other revocation other than the one for the pending charge.
  • You must have surrendered your license in accordance with NCGS Section 20-16.5(a)(5).
  • There must be no other pending impaired driving charges.

Post-Conviction DWI Driving Privileges

For post-conviction DWI driving privileges you must meet the following conditions:

  • 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.
  • 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 had not been convicted of an impaired driving offense within the preceding seven years.
  • You must have no other revocations in effect.
  • After the offense, you did not get convicted of another impaired driving offense or have another impaired driving charge pending.
  • 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

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 had not been convicted of an impaired driving offense within the preceding seven years.
  • 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.
  • After the offense, you did not get convicted of another impaired driving offense or have another impaired driving charge pending.
  • 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 must have no other revocations in effect.
  • You had an alcohol concentration of 0.15 (for offenses committed after December 1, 2007) or more.
  • You are only allowed to drive to work, school, court-ordered treatment or substance abuse education, and any ignition Interlock service facility.
  • At least 45 days have passed since your conviction.
  • You can only operate the designated motor vehicle in which interlock is installed.