Among the most frequently asked motor vehicle law questions is whether a person convicted of impaired driving for an offense that occurred when the person was less than 21 years old is eligible for a limited driving privilege. The answer is no. The reason? No statute confers authority for the granting of a limited driving privilege for such a person. Without such authority, the privilege is invalid. G.S. 20-179.3(k). The state’s Division of Motor Vehicles (DMV) has the exclusive power to issue, suspend, or revoke a persons’ driver’s license. See Joyner v. Garrett, 279 N.C. 226 (1971); Smith v. Walsh, 34 N.C. App. 287 (1977). The General Statutes confer upon the courts, however, the authority to issue limited driving privileges—judgments that authorize a person with a revoked driver’s license to drive for certain essential purposes. To be eligible for a limited driving privilege, a person must satisfy eligibility requirements defined by statute and demonstrate good cause for the issuance of the privilege. When a person is convicted of impaired driving, DMV must revoke the person’s license pursuant to G.S. 20-17(a)(2). If the person was under 21 at the time of the offense, DMV also must revoke the person’s license pursuant to G.S. 20-13.2(b). If the person was convicted of driving after consuming while under age 21 in violation of G.S. 20-138.3, the person’s license is revoked pursuant to G.S. 20-13.2(a). Revocations under G.S. 20-13.2 endure for one year and run concurrently with any other revocations. G.S. 20-13.2 is somewhat misleadingly captioned [...]
Faculty Coordinators
