License Revocations and Limited Driving Privileges for High-Risk Drivers

Published for NC Criminal Law on May 30, 2012.

I wrote here about several types of driver’s license revocations that can result from a person being charged with and convicted of impaired driving under G.S. 20-138.1 as well as about a driver’s ability to obtain a limited driving privilege to mitigate the effects of the revocation that occurs upon conviction. The earlier post omitted any discussion of additional licensure consequences and limited privilege restrictions that are specific to a defendant convicted of impaired driving based upon a blood alcohol concentration of 0.15 or more, ramifications that I will explore in this post. As is the case for any person convicted of impaired driving in violation of G.S. 20-138.1, a person so convicted based on an alcohol concentration of 0.15 is subject to a license revocation of at least one year. G.S. 20-17(a)(2); G.S. 20-19(c1). The revocation period is longer if the person has one or more qualifying prior convictions. G.S. 20-19(d), (e1). Such a person may, if he or she is otherwise eligible for a limited driving privilege under G.S. 20-179.3, obtain such a privilege authorizing limited driving during the period of revocation. If, however, evidence that the person had an alcohol concentration of 0.15 or more was presented at trial or sentencing, the limited privilege must contain additional restrictions that reflect the person’s status as a “high-risk driver.” G.S. 20-179.3(c1). Limited Driving Privilege Requirements for High-Risk Drivers A limited privilege issued to a high-risk driver must: (1) not become effective until at least 45 days after the final conviction [...]