§ 20-179.3. Limited driving privilege.
§ 20‑179.3. Limiteddriving privilege.
(a) Definition ofLimited Driving Privilege. A limited driving privilege is a judgment issuedin the discretion of a court for good cause shown authorizing a person with arevoked driver's license to drive for essential purposes related to any of thefollowing:
(1) His employment.
(2) The maintenance ofhis household.
(3) His education.
(4) His court‑orderedtreatment or assessment.
(5) Community serviceordered as a condition of the person's probation.
(6) Emergency medicalcare.
(b) Eligibility.
(1) A person convictedof the offense of impaired driving under G.S. 20‑138.1 is eligible for alimited driving privilege if:
a. At the time of theoffense he held either a valid driver's license or a license that had beenexpired for less than one year;
b. At the time of theoffense he had not within the preceding seven years been convicted of anoffense involving impaired driving;
c. Punishment LevelThree, Four, or Five was imposed for the offense of impaired driving;
d. Subsequent to theoffense he has not been convicted of, or had an unresolved charge lodgedagainst him for, an offense involving impaired driving; and
e. The person hasobtained and filed with the court a substance abuse assessment of the typerequired by G.S. 20‑17.6 for the restoration of a drivers license.
Aperson whose North Carolina driver's license is revoked because of a convictionin another jurisdiction substantially similar to impaired driving under G.S. 20‑138.1is eligible for a limited driving privilege if he would be eligible for it hadthe conviction occurred in North Carolina. Eligibility for a limited drivingprivilege following a revocation under G.S. 20‑16.2(d) is governed byG.S. 20‑16.2(e1).
(2) Any person whoselicensing privileges are forfeited pursuant to G.S. 15A‑1331A is eligiblefor a limited driving privilege if the court finds that at the time of theforfeiture, the person held either a valid drivers license or a drivers licensethat had been expired for less than one year and
a. The person issupporting existing dependents or must have a drivers license to be gainfullyemployed; or
b. The person has anexisting dependent who requires serious medical treatment and the defendant isthe only person able to provide transportation to the dependent to the healthcare facility where the dependent can receive the needed medical treatment.
Thelimited driving privilege granted under this subdivision must restrict theperson to essential driving related to the purposes listed above, and anydriving that is not related to those purposes is unlawful even though done attimes and upon routes that may be authorized by the privilege.
(c) Privilege NotEffective until after Compliance with Court‑Ordered Revocation. Aperson convicted of an impaired driving offense may apply for a limited drivingprivilege at the time the judgment is entered. A person whose license isrevoked because of a conviction in another jurisdiction substantially similarto impaired driving under G.S. 20‑138.1 may apply for a limited drivingprivilege only after having completed at least 60 days of a court‑imposedterm of nonoperation of a motor vehicle, if the court in the other jurisdictionimposed such a term of nonoperation.
(c1) PrivilegeRestrictions for High‑Risk Drivers. Notwithstanding any other provisionof this section, any limited driving privilege issued to a person convicted ofan impaired driving offense with an alcohol concentration of 0.15 or more atthe time of the offense shall:
(1) Not become effectiveuntil at least 45 days after the final conviction under G.S. 20‑138.1;
(2) Require theapplicant to comply with the ignition interlock requirements of subsection (g5)of this section; and
(3) Restrict theapplicant to driving only to and from the applicant's place of employment, theplace the applicant is enrolled in school, any court ordered treatment orsubstance abuse education, and any ignition interlock service facility.
For purposes of thissubsection, the results of a chemical analysis presented at trial or sentencingshall be sufficient to prove a person's alcohol concentration, shall beconclusive, and shall not be subject to modification by any party, with orwithout approval by the court.
(d) Application for andScheduling of Subsequent Hearing. The application for a limited drivingprivilege made at any time after the day of sentencing must be filed with theclerk in duplicate, and no hearing scheduled may be held until a reasonabletime after the clerk files a copy of the application with the districtattorney's office. The hearing must be scheduled before:
(1) The presiding judgeat the applicant's trial if that judge is assigned to a court in the districtcourt district as defined in G.S. 7A‑133 or superior court district orset of districts as defined in G.S. 7A‑41.1, as the case may be, in whichthe conviction for impaired driving was imposed.
(2) The senior regularresident superior court judge of the superior court district or set ofdistricts as defined in G.S. 7A‑41.1 in which the conviction for impaireddriving was imposed, if the presiding judge is not available within thedistrict and the conviction was imposed in superior court.
(3) The chief districtcourt judge of the district court district as defined in G.S. 7A‑133 inwhich the conviction for impaired driving was imposed, if the presiding judgeis not available within the district and the conviction was imposed in districtcourt.
If the applicant was convicted ofan offense in another jurisdiction, the hearing must be scheduled before thechief district court judge of the district court district as defined in G.S. 7A‑133in which he resides. G.S. 20‑16.2(e1) governs the judge before whom ahearing is scheduled if the revocation was under G.S. 20‑16.2(d). Thehearing may be scheduled in any county within the district court district asdefined in G.S. 7A‑133 or superior court district or set of districts asdefined in G.S. 7A‑41.1, as the case may be.
(e) Limited Basis forand Effect of Privilege. A limited driving privilege issued under thissection authorizes a person to drive if his license is revoked solely underG.S. 20‑17(a)(2) or as a result of a conviction in another jurisdictionsubstantially similar to impaired driving under G.S. 20‑138.1; if theperson's license is revoked under any other statute, the limited drivingprivilege is invalid.
(f) Overall Provisionson Use of Privilege. Every limited driving privilege must restrict theapplicant to essential driving related to the purposes listed in subsection(a), and any driving that is not related to those purposes is unlawful eventhough done at times and upon routes that may be authorized by the privilege.If the privilege is granted, driving related to emergency medical care isauthorized at any time and without restriction as to routes, but all otherdriving must be for a purpose and done within the restrictions specified in theprivilege.
(f1) Definition of"Standard Working Hours". Under this section, "standardworking hours" are 6:00 A.M. to 8:00 P.M. on Monday through Friday.
(g) Driving for Work‑RelatedPurposes in Standard Working Hours. In a limited driving privilege, the courtmay authorize driving for work‑related purposes during standard workinghours without specifying the times and routes in which the driving must occur.If the applicant is not required to drive for essential work‑relatedpurposes except during standard working hours, the limited driving privilegemust prohibit driving during nonstandard working hours unless the driving isfor emergency medical care or is authorized by subsection (g2). The limiteddriving privilege must state the name and address of the applicant's place ofwork or employer, and may include other information and restrictions applicableto work‑related driving in the discretion of the court.
(g1) Driving for Work‑RelatedPurposes in Nonstandard Hours. If the applicant is required to drive duringnonstandard working hours for an essential work‑related purpose, he mustpresent documentation of that fact before the judge may authorize him to drivefor this purpose during those hours. If the applicant is self‑employed,the documentation must be attached to or made a part of the limited drivingprivilege. If the judge determines that it is necessary for the applicant todrive during nonstandard hours for a work‑related purpose, he mayauthorize the applicant to drive subject to these limitations:
(1) If the applicant isrequired to drive to and from a specific place of work at regular times, thelimited driving privilege must specify the general times and routes in whichthe applicant will be driving to and from work, and restrict driving to thosetimes and routes.
(2) If the applicant isrequired to drive to and from work at a specific place, but is unable tospecify the times at which that driving will occur, the limited drivingprivilege must specify the general routes in which the applicant will bedriving to and from work, and restrict the driving to those general routes.
(3) If the applicant isrequired to drive to and from work at regular times but is unable to specifythe places at which work is to be performed, the limited driving privilege mustspecify the general times and geographic boundaries in which the applicant willbe driving, and restrict driving to those times and within those boundaries.
(4) If the applicant canspecify neither the times nor places in which he will be driving to and fromwork, or if he is required to drive during these nonstandard working hours as acondition of employment, the limited driving privilege must specify thegeographic boundaries in which he will drive and restrict driving to thatwithin those boundaries.
The limited driving privilegemust state the name and address of the applicant's place of work or employer,and may include other information and restrictions applicable to work‑relateddriving, in the discretion of the court.
(g2) Driving for Otherthan Work‑Related Purposes. A limited driving privilege may not allowdriving for maintenance of the household except during standard working hours,and the limited driving privilege may contain any additional restrictions onthat driving, in the discretion of the court. The limited driving privilegemust authorize driving essential to the completion of any community workassignments, course of instruction at an Alcohol and Drug Education TrafficSchool, or substance abuse assessment or treatment, to which the applicant isordered by the court as a condition of probation for the impaired drivingconviction. If this driving will occur during nonstandard working hours, thelimited driving privilege must specify the same limitations required bysubsection (g1) for work‑related driving during those hours, and it mustinclude or have attached to it the name and address of the Alcohol and DrugEducation Traffic School, the community service coordinator, or mental healthtreatment facility to which the applicant is assigned. Driving for educationalpurposes other than the course of instruction at an Alcohol and Drug EducationTraffic School is subject to the same limitations applicable to work relateddriving under subsections (g) and (g1).
(g3) Ignition InterlockAllowed. A judge may include all of the following in a limited drivingprivilege order:
(1) A restriction thatthe applicant may operate only a designated motor vehicle.
(2) A requirement thatthe designated motor vehicle be equipped with a functioning ignition interlocksystem of a type approved by the Commissioner. The Commissioner shall notunreasonably withhold approval of an ignition interlock system and shallconsult with the Division of Purchase and Contract in the Department ofAdministration to ensure that potential vendors are not discriminated against.
(3) A requirement thatthe applicant personally activate the ignition interlock system before drivingthe motor vehicle.
(g4) The restrictions setforth in subsection (g3) and (g5) of this section do not apply to a motorvehicle that meets all of the following requirements:
(1) Is owned by theapplicant's employer.
(2) Is operated by theapplicant solely for work‑related purposes.
(3) Its owner has filedwith the court a written document authorizing the applicant to drive thevehicle, for work‑related purposes, under the authority of a limiteddriving privilege.
(g5) Ignition Interlock Required. If a person's drivers license is revoked for a conviction of G.S. 20‑138.1,and the person had an alcohol concentration of 0.15 or more, a judge shallinclude all of the following in a limited driving privilege order:
(1) A restriction thatthe applicant may operate only a designated motor vehicle.
(2) A requirement thatthe designated motor vehicle be equipped with a functioning ignition interlocksystem of a type approved by the Commissioner, which is set to prohibit drivingwith an alcohol concentration of greater than 0.00. The Commissioner shall notunreasonably withhold approval of an ignition interlock system and shallconsult with the Division of Purchase and Contract in the Department ofAdministration to ensure that potential vendors are not discriminated against.
(3) A requirement thatthe applicant personally activate the ignition interlock system before drivingthe motor vehicle.
For purposes of thissubsection, the results of a chemical analysis presented at trial or sentencingshall be sufficient to prove a person's alcohol concentration, shall beconclusive, and shall not be subject to modification by any party, with orwithout approval by the court.
(h) Other Mandatory andPermissive Conditions or Restrictions. In all limited driving privileges thejudge shall also include a restriction that the applicant not consume alcoholwhile driving or drive at any time while he has remaining in his body anyalcohol or controlled substance previously consumed, unless the controlledsubstance was lawfully obtained and taken in therapeutically appropriateamounts. The judge may impose any other reasonable restrictions or conditionsnecessary to achieve the purposes of this section.
(i) Modification orRevocation of Privilege. A judge who issues a limited driving privilege isauthorized to modify or revoke the limited driving privilege upon a showingthat the circumstances have changed sufficiently to justify modification orrevocation. If the judge who issued the privilege is not presiding in the courtin which the privilege was issued, a presiding judge in that court may modifyor revoke a privilege in accordance with this subsection. The judge mustindicate in the order of modification or revocation the reasons for the order,or he must make specific findings indicating the reason for the order and thosefindings must be entered in the record of the case.
(j) Effect ofViolation of Restriction. A holder of a limited driving privilege whoviolates any of its restrictions commits the offense of driving while hislicense is revoked under G.S. 20‑28(a) and is subject to punishment andlicense revocation as provided in that section. If a law‑enforcementofficer has reasonable grounds to believe that the holder of a limited drivingprivilege has consumed alcohol while driving or has driven while he hasremaining in his body any alcohol previously consumed, the suspected offense ofdriving while license is revoked is an alcohol‑related offense subject tothe implied‑consent provisions of G.S. 20‑16.2. If a holder of alimited driving privilege is charged with driving while license revoked byviolating a restriction contained in his limited driving privilege, and ajudicial official determines that there is probable cause for the charge, thelimited driving privilege is suspended pending the resolution of the case, andthe judicial official must require the holder to surrender the limited drivingprivilege. The judicial official must also notify the holder that he is notentitled to drive until his case is resolved.
Notwithstanding any otherprovision of law, an alcohol screening test may be administered to a driversuspected of violating this section, and the results of an alcohol screeningtest or the driver's refusal to submit may be used by a law enforcementofficer, a court, or an administrative agency in determining if alcohol waspresent in the driver's body. No alcohol screening tests are valid under thissection unless the device used is one approved by the Department of Health andHuman Services, and the screening test is conducted in accordance with theapplicable regulations of the Department as to the manner of its use.
(j1) Effect of Violationof Community Service Requirement. Division of Community Corrections staffshall report significant violations of the terms of a probation judgmentrelated to community service to the court that ordered the community service.The court shall then conduct a hearing to determine if there was a willfulfailure to comply. The hearing may be held in the district where therequirement was imposed, where the alleged violation occurred, or where theprobationer resides. If the court determines that there was a willful failureto pay the prescribed fee or to complete the work as ordered within theapplicable time limits, the court shall revoke any limited driving privilegeissued in the impaired driving case until community service requirements havebeen met. In addition, the court may take any further action authorized byArticle 82 of Chapter 15A of the General Statutes for violation of a conditionof probation.
(k) Copy of LimitedDriving Privilege to Division; Action Taken if Privilege Invalid. The clerkof court or the child support enforcement agency must send a copy of anylimited driving privilege issued in the county to the Division. A limiteddriving privilege that is not authorized by this section, G.S. 20‑16.2(e1),20‑16.1, 50‑13.12, or 110‑142.2, or that does not contain thelimitations required by law, is invalid. If the limited driving privilege is invalidon its face, the Division must immediately notify the court and the holder ofthe privilege that it considers the privilege void and that the Divisionrecords will not indicate that the holder has a limited driving privilege.
(l) Any judge grantinglimited driving privileges under this section shall, prior to granting suchprivileges, be furnished proof and be satisfied that the person being grantedsuch privileges is financially responsible. Proof of financial responsibilityshall be in one of the following forms:
(1) A writtencertificate or electronically‑transmitted facsimile thereof from anyinsurance carrier duly authorized to do business in this State certifying thatthere is in effect a nonfleet private passenger motor vehicle liability policyfor the benefit of the person required to furnish proof of financialresponsibility. The certificate or facsimile shall state the effective date andexpiration date of the nonfleet private passenger motor vehicle liabilitypolicy and shall state the date that the certificate or facsimile is issued.The certificate or facsimile shall remain effective proof of financialresponsibility for a period of 30 consecutive days following the date thecertificate or facsimile is issued but shall not in and of itself constitute abinder or policy of insurance or
(2) A binder for orpolicy of nonfleet private passenger motor vehicle liability insurance underwhich the applicant is insured, provided that the binder or policy states theeffective date and expiration date of the nonfleet private passenger motorvehicle liability policy.
The preceding provisions ofthis subsection do not apply to applicants who do not own currently registeredmotor vehicles and who do not operate nonfleet private passenger motor vehiclesthat are owned by other persons and that are not insured under commercial motorvehicle liability insurance policies. In such cases, the applicant shall sign awritten certificate to that effect. Such certificate shall be furnished by theDivision. Any material misrepresentation made by such person on suchcertificate shall be grounds for suspension of that person's license for aperiod of 90 days.
For the purpose of thissubsection "nonfleet private passenger motor vehicle" has thedefinition ascribed to it in Article 40 of General Statute Chapter 58.
The Commissioner may requirethat certificates required by this subsection be on a form approved by theCommissioner. Such granting of limited driving privileges shall be conditionedupon the maintenance of such financial responsibility during the period of thelimited driving privilege. Nothing in this subsection precludes any person fromshowing proof of financial responsibility in any other manner authorized byArticles 9A and 13 of this Chapter. (1983, c. 435, s. 31; 1983 (Reg. Sess., 1984), c.1101, ss. 30‑33; 1985, c. 706, s. 2; 1987, c. 869, s. 13; 1987 (Reg.Sess., 1988), c. 1037, s. 78; 1989, c. 436, s. 6; 1994, Ex. Sess., c. 20, s. 3;1995, c. 506, ss. 1, 2; c. 538, s. 2(h); 1995 (Reg. Sess., 1996), c. 756, s.31; 1997‑379, s. 5.6; 1999‑406, ss. 4‑6; 2000‑155, ss.7, 11‑13; 2001‑487, s. 55; 2007‑182, s. 2; 2007‑493,ss. 24, 29, 30; 2008‑187, s. 36(c); 2009‑372, s. 15.)