Does an NC Limited Driving Privilege Authorize Driving in Another State?

Published for NC Criminal Law on June 02, 2022.

Conviction of a host of criminal offenses (many, but not all involving vehicles) may lead to the revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (NCDMV). See, e.g., G.S. 20-13.2, 20-16, 20-17, 20-17.3. For certain types of revocations when statutory criteria are satisfied, a state court judge may issue a limited driving privilege that authorizes a person to drive during certain hours for limited purposes, notwithstanding the revocation of the person’s driver’s license. See, e.g., G.S. 20-179.3. Questions occasionally arise about whether the issuance of such a privilege authorizes driving in another state. Consider the following circumstances: A North Carolina resident is convicted of driving while impaired in district court. That conviction triggers a one-year license revocation. The district court judge who presided over the criminal case issues a limited driving privilege that authorizes the person to drive for work-related purposes during standard working hours. May the person drive pursuant to that privilege to and from her workplace in a bordering state? Since driving privileges are a matter of state law, the answer to this question is determined by the law of the state in which the person is driving. In other words, a limited driving privilege issued by a North Carolina court has the effect in another state that is accorded to it by that other state’s law. Let’s take a look at the governing laws in our neighboring states. South Carolina, Tennessee, and Virginia -- like North Carolina -- permit driving by nonresidents [...]