Navigating Limited Driving Privileges and Restricted Licenses
Even if you find yourself facing a DWI/DUI conviction, there is a glimmer of hope for maintaining some level of mobility. In many cases, individuals can qualify for a Limited Driving Privilege (LDP), allowing them to drive to work, school, or essential family obligations. Losing your license can be a significant setback, especially if your daily life depends on being behind the wheel. Here, we'll delve into the intricacies of obtaining a work license or limited driving privilege and the categories that define these restrictions.
Understanding Limited Driving Privileges:
Limited driving privileges, commonly referred to as LDPs, fall into various categories, each contingent on specific circumstances such as whether it's pre-trial, post-conviction, or refusal related. It's essential to grasp that driving under an LDP means operating a vehicle with restrictions, allowing travel only for specific purposes like work or education. The terms "Limited Driving Privilege," "LDP," "work license," or "driving privilege" are often used interchangeably.
Pre-Trial Driving Privilege:
If you've been charged with DWI and your breath test registered 0.08 or above on the EC/IR II, your license is automatically revoked for 30 days. However, after the 10th day of revocation, you may be eligible for a pre-trial limited driving privilege. The general requirements for this privilege include:
Having a valid or recently expired (less than a year) driver's license at the time of the stop.
No prior DWI convictions within the past seven years.
No additional DWI charges since the current charge.
Proof of insurance (DL 123 form).
Completion of a substance abuse assessment.
Payment of a $100 fee to the clerk of court.
It's crucial to note that a pre-trial privilege is valid until the 30th day after the DWI charge. After this period, your restricted license expires, and to reinstate your regular driver's license, you must pay a $50 restoration fee.
Post-Trial Driving Privilege:
To obtain a driving privilege after a DWI conviction, you must fulfill the same requirements as the pre-trial privilege. However, if your breath test result was 0.15 or above, you must install an interlock device in your car and face a 45-day license suspension without the possibility of privilege. For individuals convicted of a level I or II DWI, there is no eligibility for any privilege for one full year (refer to DWI sentencing).
Driving Privileges in Refusal Cases:
If you refused the breath test, the DMV will notify you of a one-year license revocation. No driving privilege is available for the first six months, and afterward, eligibility for a limited driving privilege can be applied for, subject to the DMV's approval.
General Information about Driving Privileges:
Limited driving privileges typically apply from 6 AM to 8 PM, Monday through Friday. If you need to drive beyond these hours for work or school, a letter from your employer or a school schedule specifying the necessity is required. For self-employed individuals, a letter on your letterhead is usually sufficient to support your request. Understanding the intricacies of limited driving privileges is vital for those navigating the aftermath of a DWI conviction, and seeking legal counsel can greatly assist in securing the best possible outcome.