A new law expands access to limited driving privileges. Previously, LDPs were unavailable to those with a prior DWI conviction in the last seven years. Effective December 1, 2024, this law changed.
Now, certain Level Two offenders are eligible. To be eligible, individuals must be Level Two offenders only because of a prior DWI conviction: (1) within seven years before the date of offense of the present DWI; or (2) which occurred after the date of offense of the present DWI with sentencing occurring before or at the same time as the present DWI. N.C. Gen. Stat. § 20-179.3(b)(3).
Additional eligibility requirements apply. See N.C. Gen. Stat. § 20-179.3(b)(3) (the individual must have: (1) not been convicted of more than one other DWI within the previous seven years; (2) held a valid driver’s license or a license that had been expired for less than a year at the time of the offense; (3) not had an alcohol concentration of 0.15 or more; (4) since the offense, not have been convicted of DWI or have such an unresolved charge; and (5) filed a substance abuse assessment with the Court).
These LDPs require an ignition interlock device. N.C. Gen. Stat. § 20-179.3(g5).
Davis & Davis recognizes our rapidly evolving legal landscape. We are committed to remaining at the forefront of these changes and advising our clients with wisdom. This blog is designed to comment upon basic legal issues and is not an exhaustive overview of the law. It is intended for educational purposes only and constitutes neither legal advice nor an attorney-client relationship. Contact the skilled criminal law, family law, and civil litigation attorneys at Davis & Davis, Attorneys at Law, P.C., including Board-Certified Specialists in Federal Criminal Law, State Criminal Law, and Family Law, to schedule a consultation today.
