DWI Driving Privileges

DWI driving privilege restrictions are discussed by Clarke Dummit.

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Interviewer: Can you go over a couple of highlights, what we will call general consideration or driving privileges?

Clark Dummit: First off, your license is going to be taken the night you are charged, if you below an .08 or greater or if you refuse the test. If breath testing is involved, you’re going to lose you license. The time you don’t is when there is a blood test because they don’t know what the results are. So, if your blood is taken at the hospital, they aren’t going to take your license that night. That is what we call pretrial privileges. Now, it is going to catch up with you later once that blood test is sent to the lab and they get that result. If it’s .08 or greater, you’re going to lose your license for 30 days, but that may be six months from now. So, getting a limited driving privilege is complicated. Basically, you have to have a valid driver’s license, you then have to file a petition with a court to request driving privileges, where you will lay out grounds for your driving privileges. That is what your lawyer does. You’re then granted limited driving privileges. You are then allowed to drive to work or back during any hour that you can substantiate that you need it. You can also drive to maintain your household, but that is restricted to weekdays only. It’s valid in all 50 states. It gets complicated when you are dealing out-of-state driving privileges as compared to in-state. If you are a North Carolina driver, your driving privileges are valid in all 50 states.

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