If you have been convicted of DUI, you know that it can have a profound negative impact on your life. One of the biggest problem areas is the loss of your driver’s license for a period of time. Without a license you will have difficulty getting to and from work or school, which will seriously affect your ability to make a living and to have financial stability. Changes to the laws effective in 2025 are designed to make it easier to obtain a hardship driver’s license after a DUI.
What is a Hardship License?
A hardship license is called a Limited Driving Privilege (LDP) in North Carolina. A hardship license is a court order that allows a person to drive even though they have a DWI. Generally, a hardship license will give you permission to drive under specific circumstances or times. For example, a judge may allow you to drive only to and from work or school. It grants limited driving privileges, and you must meet certain criteria to qualify. Even if you qualify, you are not guaranteed a hardship license, as it is up to the judge.
Criteria to Request a Hardship License
In order to request a limited license, you must meet specific criteria set forth in the law. Previously, you must not have had another DUI conviction in the past seven years to seek a hardship license. Revisions to North Carolina General Statute 20-179.3 now allow a person to potentially obtain a limited license even if they have a prior offense within the last seven years. The criteria
To qualify for a hardship license, you must meet these criteria:
- License must have been current or expired for less than one year before the date of the offense.
- Complete substance abuse assessment
- BAC must have been below 0,15 BAC
- The original punishment must have been a Level Three, Level Four, or Level Five (in some limited circumstances, Level Two)
- No additional DUI charges since the date of the offense
Limited driving privileges come with rules and restrictions. A driver may be required to install an ignition interlock device (IID) that allows the operation of a vehicle only once the driver passes a breath test.
Requesting a Hardship License
The first step when seeking a hardship driver’s license is to file a petition with the district court in your jurisdiction. You must pay the current filing fee. The court will set a hearing date and time. At the hearing, you must be prepared to provide proof of automobile insurance and documentation that proves the reason for your request for a hardship license.
For instance, if you need to drive to work, you must show documentation from your job as well as your work schedule. The judge will make a final determination as to whether to grant limited driving privileges. If you are granted a hardship license and fail to abide by the rules, the court may revoke your driving privileges.
A knowledgeable attorney can assist you in the process of obtaining a hardship license. Whether you need to get to school, work, or doctor’s appointments, a driver’s license will help you in your daily life. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.3.html
Image Credit:
https://www.freeimages.com/photo/car-3-1176180
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