2024 Changes to Laws Governing Limited Driving Privileges and Requiring Ignition Interlock

Published for NC Criminal Law on August 01, 2024.

In July, the General Assembly enacted S.L. 2024-43 (H 25), legislation that makes three significant changes to the laws governing driving by person following a conviction for driving while impaired (DWI) and certain related offenses. First, the act expands the categories of defendants who may receive a limited driving privilege following a DWI conviction. Second, it broadens the categories of defendants who must install an ignition interlock device (IID) as a condition of having their driver’s licenses restored following revocation for DWI-related convictions. Third, it extends revocation periods and IID restriction periods when an IID violation is committed during the last 90 days of the period. The changes applicable to limited driving privileges are effective for limited driving privileges issued on or after December 1, 2024. The changes applicable to IID restrictions on restored licenses are effective for driver’s licenses that are revoked on or after December 1, 2024. Background. Conviction of DWI and a host of related offenses result in the automatic revocation of a person’s driver’s license by the North Carolina Department of Motor Vehicles (NC DMV). In certain circumstances, courts are statutorily authorized to issue to a person a limited driving privilege. Such a privilege allows a person whose license is revoked to lawfully drive subject to restrictions required by law or imposed in the court’s discretion. A limited driving privilege may not outlast the duration of the revocation. Once the revocation ends (or could end if the person completed certain requirements, such as completing substance abuse education [...]