The impact of a Driving While Intoxicated (DWI) arrest may be immediate. Usually, a police officer takes you to jail, your driver’s license is taken, and your driving privilege is revoked for 30 days. When you get out of jail, you face a new problem: “How do I get home?” With your driving privilege suspended, your mobility is severely limited, but if you act quickly you can in most cases restore your ability to drive. When your driving privilege has been revoked, the DWI attorneys at Crosswhite, Crosswhite & Johnson, PLLC can fight for your rights in the Statesville area and beyond. We represent individuals across North Carolina, including in Mooresville, Mocksville, and Taylorsville.Obtaining An Initial LDP
A Limited Driving Privilege (LDP), sometimes called a “work license,” may allow you to drive again as early as 10 days after your arrest. Although many first-time offenders can obtain an LDP, the process is not automatic. You need to work fast and obtain the right paperwork:
- A substance abuse assessment
- A “DL-123” proof of insurance form
- A $100 court filing fee
Ten days after your arrest, your lawyer may appear in court to try to obtain a driving privilege on your behalf. An attorney can help obtain the documentation that you will need and help you with this request. You will receive a signed judge’s order, granting an LDP. You must carry this official Court order with you when you drive, and you may not deviate from the judge’s orders. You can only drive for certain purposes, such as driving to your workplace or school. A standard LDP only lets you drive from 6 a.m. until 8 p.m., Monday through Friday. If you have unusual work times or school hours, you will need to present a letter from your employer or school documents when you appear at your hearing.Regaining Your Regular Driving Privilege While Awaiting Trial
Upon arrest, your license is immediately revoked for 30 days, so your first LDP will usually run from day 10 to day 30. On day 31, you should appear in court again and receive your regular driving privilege back until your case is resolved, unless there are additional problems. If you eventually win your case or the charges are dropped, you can simply continue driving with your regular drivers license.Obtaining A Post-Conviction LDP
On the other hand, if you lose your case, your regular driving privilege will be suspended yet again for a minimum of a year. When this happens, you can present fresh evidence of all the items you presented before (proof of insurance, an assessment, and $100) and request another LDP. Even if you received your earlier pre-trial LDP, this post-conviction LDP is not automatic, and you must be careful to do everything correctly. If the officer was able to prove in court that you blew 0.15 or higher on the Intoximeter breath test, you will also have to pay to have an ignition interlock device (IID) installed on your car.Discuss Your Criminal Matter with an Iredell County Attorney
If you have been previously convicted of DWI, or if you refused the Intoximeter breathalyzer test, you may face additional difficulties in court. Also, if you were caught driving while your privilege was revoked, or if you deviate from the judge’s order in your LDP, you might forfeit the LDP altogether. When these issues arise, it is important to have an attorney on your side. But even when an LDP seems straightforward, you need to obtain a lot of documentation quickly while preparing for a possible argument at your hearing.
An experienced criminal defense lawyer can assist you in obtaining the right paperwork and arguing your case in Iredell County or the surrounding communities. An attorney also can help defend you against the possibility of jail time, fines, a criminal record, the potential seizure and sale of your vehicle, and the loss of driving privileges. To explore your options, call Crosswhite, Crosswhite & Johnson, PLLC at (704) 873-7233 for a free consultation. You may also use the contact form located on this page. Our clients come from throughout North Carolina, including the Charlotte and Winston-Salem regions as well as Davie and Alexander Counties.