Charlotte DWI Defense Lawyer
How a DWI Affects Your Driver’s License
DWI is a serious charge because of the criminal penalties and because of the affects a DWI can have on your driver’s license. Before you do anything, call one of our DWI defense attorneys in Charlotte for a free consultation to discuss how we can work to help you avoid a DWI conviction and keep you driving.
The length that you lose your driver’s license depends on the level of DWI you are facing. Under North Carolina Law, DWIs are broken down into different levels depending on the severity of the circumstances surrounding your case. Level A1 is the most serious charge while Level 5 is the least serious. If you were sentenced to a Level 5 DWI, you could lose your license for one (1) year. If you were sentenced to a Level 1 or Level 2, you could lose your license for four (4) years.
Limited Driving Privileges When Facing a DWI Charge
Even if you are convicted, we can petition the court for limited driving privileges if you are eligible. Call and speak to one of our attorneys today to discuss obtaining limited driving privileges.
If the Court grants you limited driving privileges, you will receive a form that allows you to drive to:
- Medical Care
- Any community service or alcohol counseling you may have to participate in
There are some driving privileges that will allow you to drive to accomplish basic household maintenance as well. In order to obtain limited driving privileges there is a very specific process that must be complied with. Do not risk losing your driving privileges. Call one of our DWI attorneys today! We will ensure that the specific rules are complied with in obtaining limited driving privileges for you.
The Process: Petitioning for Driving Privileges
Limited Driving Privileges are just that-a privilege. Under North Carolina Law, the Judge that heard your DWI case will rule on the request for limited driving privileges. If that judge is unavailable, there are alternative routes for us to take to request your limited driving privilege. Generally, you are eligible to request limited driving privileges if you were sentenced to a Level 3, Level 4, or Level 5 DWI, and you had a valid driver’s license. Limited driving privileges are granted at the discretion of the judge.
If, for whatever reason, you did NOT have a driver’s license prior to your DUI charge, you will be ineligible to request a limited driving privilege after conviction. Additionally, if you received a Level A1(aggravated), Level 1, or Level 2 conviction, you will be prohibited from obtaining limited driving privileges.
Getting You Back on the Road After a DWI
As we said earlier, there is a specific set of requirements that need to be met in order for us to petition for your driving privileges. The first and best thing that you should do is undergo an DWI assessment by a qualified counselor. Call us to get the names of qualified service providers. Your DWI assessment can be used as a mitigating factor for sentencing. After completing the assessment, your counselor will make written findings regarding a recommended treatment plan for the court. We need that recommended treatment plan in order to prove that you have had an assessment completed in order to request limited driving privileges.
Limited driving privileges allow you to drive during standard working hours. According to NC Law, standard working hours have been determined to be from 6 a.m. to 8 p.m. Monday through Friday. If you do not work during standard working hours, we can still petition to get you limited driving privileges. In order to do so, you must ask your employer to draft a letter to explain the hours that you work. The letter does not need to describe your job function, your performance, or anything other than the hours that you work. It is important that your employer draft this letter on company letterhead. Even if you are self-employed, we can still request limited driving privileges. Give us a call to discuss what documentation you will need.
Lastly, the judge is going to want to know that you have insurance before granting you limited driving privileges. We can prove that you have insurance by providing the court with a form called a DL-123. You can obtain this form by calling your insurance provider and asking them to send the form to you. It’s important to know that a DL-123 is only good for 30 days, so only request it when you’re going to go to trial or when you’re going to resolve your case.
As Charlotte DWI attorneys, we know when and whether you are eligible for limited driving privileges. Follow our advice and we will be able to petition the court as soon as possible to request limited driving privileges. If, for example, your breath alcohol content (BAC) was .15 or greater, you will not be eligible for limited driving privileges for the first 45 days. Additionally, the limited driving privileges granted to you will be much more stringent. You will also need to install an interlock device in your vehicle.
Arrested for DWI? – Litrenta Law is here to Help
Our DUI attorneys at Litrenta Law were all former prosecutors and have litigated numerous DUI/DWI cases. Additionally, both attorneys have undergone the same training and studied the same manuals that law enforcement has. Our attorneys are very familiar with the intricacies of the law surrounding DUI/DWIs.
We Will Evaluate and Challenge Each Aspect of your DWI
A DWI arrest is NOT a conviction! You don’t need to let it be either. Our attorneys know DWIs. We begin each case just as law enforcement would – evaluating your driving pattern. The way you were operating your vehicle is typically the starting point for every DWI. Were you swerving? Speeding? Why did the officer pull you over? The officer must have reasonable articulable suspicion to stop your vehicle. Was stopping your vehicle justified under the law? Were your rights violated?
A DWI arrest is not simply based on your driving pattern. A DWI arrest is also premised on the officer observing clues of alcohol impairment. Were you asked to perform field sobriety tests? Did the officer have a justifiable reason to ask you to perform field sobriety tests? How do you think you performed? Here at Litrenta Law, we have studied the NHTSA (National Highway Traffic and Safety Administration) Guidelines on which field sobriety tests are based. Our attorneys were also certified in administering these same field sobriety tests.
Finally, were you asked to provide a breath sample? Perhaps, a blood test was taken? Discuss with one of our attorneys at Litrenta Law to make sure that the law was followed and proper protocols were observed.
Contact The DWI Defense Attorneys At Litrenta Law
We will Leave No Stone Unturned! Litrenta Law will thoroughly investigate every detail of your case. Was a video of your DWI recorded? If so, we will secure that video and analyze each second of the video to ensure that you have the best defense. We pride ourselves on highlighting any and all defenses in your case and litigating each one.
Do not hesitate – call one of our attorneys today to discuss how we can assist you in obtaining your limited driving privileges.