North Carolina Hardship License – All You Need to Know

By Doug Edwards

  |  

DUI/DWI Defense

  |  

Last Modified on Oct 04, 2023

Driving is an essential part of life for many residents of North Carolina. If you have had your driving privileges revoked as a result of a DWI conviction, you might be able to get some of these privileges back with the help of a hardship license. When you contact a North Carolina hardship license lawyer, criminal defense lawyer, or DUI lawyer, they can review the facts of your situation and determine if this is an option for you. North Carolina recorded 24,694 DWI convictions in Fiscal Year 2024, according to the NC Sentencing and Policy Advisory Commission – and recent changes to the law have expanded who qualifies for limited driving privileges.

What Is a Hardship License?

Typically, an average DWI charge can result in at least a 30-day license suspension. This time period can go up if you refuse your breathalyzer test, have aggravating factors in your DWI, and more. This can be incredibly frustrating, especially if you are unable to access alternative forms of transit for going to work, school, and other essential places.

Depending on your situation, a hardship license can make your life easier during your period of license suspension. Also called a Limited Driving Privilege (LDP), if you obtain a hardship license in North Carolina, you are able to drive, even after your driver’s license is suspended for a DWI charge. It can be quite difficult to navigate your daily life without a car in North Carolina, and obtaining your hardship license can be a useful way to give you some autonomy back after your past offense.

It is important to understand that a hardship license does not give you complete driving privileges. The judge will grant you the ability to drive for essential tasks only, such as getting to:

• Work
• School
• Medical treatment
• Religious activities
• Court-ordered community service
• Household maintenance (errands, grocery shopping, banking)

Your judge will limit how and when you are able to get behind the wheel. For instance, they will typically grant you the ability to drive during normal school or work hours, Monday through Friday, or make your allowances based on the employment schedule that you provide to them. Under N.C.G.S. 20-179.3, emergency medical care is always authorized at any time without route restrictions.

Pretrial Limited Driving Privilege: Getting Driving Rights Before Conviction

Many people do not realize there are two types of LDPs in North Carolina: a pretrial LDP and a post-conviction LDP. If you were arrested for DWI and blew a 0.08 or higher on a breathalyzer, your license is immediately subject to a 30-day Civil Revocation. After 10 days of that revocation, you may be eligible to apply for a pretrial limited driving privilege – before your case is even resolved. This allows you to drive for work, school, household maintenance, and other essential purposes while your DWI case is still pending in court.

If you refused the breathalyzer, the rules are different. A willful refusal triggers a separate 1-year DMV suspension. You may apply for a limited driving privilege after 6 months of that suspension have passed, provided you meet the other eligibility requirements. An experienced DWI attorney can help you determine which type of LDP applies to your situation.

Who Can Get a Hardship License?

First, you need to recognize that not everyone qualifies for a hardship license. For instance, if you were under the legal drinking age of 21 at the time of your DWI, then you do not have the ability to get limited driving privileges. Your driver’s license will be revoked for one year. North Carolina also enforces a zero-tolerance BAC limit of 0.00% for drivers under 21 (N.C.G.S. 20-138.3).

To be eligible for obtaining this license, you generally need to have had a Level 3, 4, or 5 DWI conviction. However, as of December 1, 2024, Session Law 2024-43 expanded LDP eligibility to certain defendants sentenced at Level 2 – specifically those whose Level 2 sentence was based solely on the grossly aggravating factor of a prior conviction under G.S. 20-179(c)(1), and whose BAC at the time of offense was below 0.15. If you received a Level 2 sentence, an attorney can help determine if you qualify under this newer provision.

You must also have held a valid driver’s license (or one expired less than one year) at the time of the offense, and you must not have any new DWI charges or convictions after the offense date. Consulting with a criminal defense attorney is the most effective way to determine if you are eligible, as they can review all the facts of your case to see what options are available to you.

How Do You Get a Hardship License in North Carolina?

You cannot apply to get your hardship license in North Carolina until you have been given an official license suspension from the court. In other words, if you have just been arrested for a DWI and you anticipate getting your license suspended, it is still too early to take action.

Instead, you need to get in touch with an experienced DWI defense attorney who can guide you through the legal process of negotiations after a DWI charge. Once you have been sentenced for your DWI, you might find yourself without a license for a month, a year, or more.

Depending on the level of your DWI charge, your lawyer might be able to assist you with applying for limited driving privileges. To do this, you will have to first complete a mandatory substance abuse assessment by state-authorized substance abuse treatment providers or counselors. Your criminal defense lawyer can help connect you with one. You will also need to prove that you have a legitimate need to drive, such as getting to work or school.

Once you have proof that you completed the assessment and the need to drive on a particular schedule, and you have $200 available for the necessary fees, you can apply for your hardship license.

Ignition Interlock Device (IID) Requirements

If your blood alcohol concentration (BAC) at the time of arrest was 0.15 or higher, the court will require you to install an approved ignition interlock device (IID) on your vehicle as a condition of any limited driving privilege. An IID prevents your vehicle from starting if it detects alcohol on your breath above a set threshold.

Under Session Law 2024-43, defendants who qualify for a Level 2 LDP are also required to have an IID installed. IID vendors are now required to report any attempt to start a vehicle with an alcohol concentration greater than 0.02, as well as any tampering or device removal, directly to the NC DMV. Removing an IID before the end of the revocation period automatically voids the limited driving privilege.

How Do You Get a Hardship License in North Carolina?

You cannot apply to get your hardship license in North Carolina until you have been given an official license suspension from the court. In other words, if you have just been arrested for a DWI and you anticipate getting your license suspended, it is still too early to take action. (That said, the pretrial LDP option described above may be available to you within 10 days of a civil revocation following your arrest.)

Instead, you need to get in touch with an experienced DWI defense attorney who can guide you through the legal process of negotiations after a DWI charge. Once you have been sentenced for your DWI, you might find yourself without a license for a month, a year, or more.

Depending on the level of your DWI charge, your lawyer might be able to assist you with applying for limited driving privileges. To do this, you will have to first complete a mandatory substance abuse assessment by state-authorized substance abuse treatment providers or counselors. Your criminal defense lawyer can help connect you with one. You will also need to prove that you have a legitimate need to drive, such as getting to work or school.

Once you have proof that you completed the assessment and the need to drive on a particular schedule, and you have the necessary fees available, you can apply for your hardship license. The application must be filed with the Clerk of Court in the county where you reside. In Asheville, that is the Buncombe County Courthouse (60 Court Plaza, Asheville, NC 28801). The prosecutor’s office will be notified and may argue against the petition, but the decision rests with the judge.

FAQs About North Carolina Hardship License

What Are the Requirements for a Hardship License in North Carolina?

If you want to obtain a hardship license in North Carolina, you will have to:

• Pay the $100 LDP fee and applicable court filing fee
• Complete a substance abuse assessment (approximately $100; costs may vary by provider)
• Provide proof of car insurance (Form DL-123)
• Provide proof of your work or school schedule
• Hold a valid driver’s license (or one expired less than one year) at time of offense
• Have no new DWI charges or convictions since the offense date

You also must make sure that you are eligible based on the circumstances of your DWI offense.

How Do I Get a Limited License in NC?

After you are given a license suspension from the court in North Carolina, you can then apply for a limited license. To do this, you will have to provide proof that you have:

• Completed a substance abuse assessment
• Car insurance (Form DL-123)
• A schedule for work or school that you need to drive around

Additionally, you must pay the relevant fees. Your DWI lawyer can help you with this process after you are sentenced. The application is filed with the Clerk of Court in your county of residence. A hearing may be scheduled, and the DA’s office has the right to oppose the petition.

What Is the North Carolina Fair Chance Act?

If you live in North Carolina, you might benefit from the state’s Fair Chance Act, which places restrictions on employers in the state from asking about an applicant’s criminal history unless they are deemed qualified to do the job. This means that criminal offenses from your past, such as DWI charges, cannot impact your initial screening stages for a position.

What Are the Hours for Limited Driving Privileges in NC?

The hours that you are allowed to drive with limited driving privileges in North Carolina will depend on your unique work or school schedule. Typically, if you have an average schedule, then you can only drive between 6:00 AM and 8:00 PM, Monday through Friday, during your period of license suspension. If your work or school requires non-standard hours (evenings or weekends), you can request expanded hours from the judge by providing documentation such as a letter from your employer or school confirming your schedule.

Do I Need an Ignition Interlock Device for a Hardship License?

Yes, in certain cases. If your BAC at the time of the DWI was 0.15 or higher, the court is required to order an IID as a condition of your limited driving privilege. Additionally, under Session Law 2024-43 (effective December 1, 2024), defendants who qualify for a Level 2 LDP must also have an IID installed. The IID must remain installed for the full duration of the revocation period; removing it early automatically voids the privilege.

Can I Get a Hardship License with a Level 2 DWI Conviction?

As of December 1, 2024, certain Level 2 defendants may now qualify for a limited driving privilege under amended N.C.G.S. 20-179.3. To qualify, your BAC must have been below 0.15, your Level 2 sentence must have been based solely on a single prior conviction under G.S. 20-179(c)(1), and you must not have any new DWI charges since the offense. A mandatory IID is required. Whether you qualify under this new provision is a fact-specific determination – an experienced DWI attorney should review your case.

What Happens If I Violate the Restrictions of a Hardship License?

Violating any restriction of your limited driving privilege is a criminal offense in North Carolina. Under G.S. 20-28(a1), you can be charged with Driving While License Revoked for Impaired Driving (DWLR), a Class 1 misdemeanor punishable by a fine and up to 120 days in jail. Your limited driving privilege will be revoked and your revocation period may be extended. Any alcohol consumption while driving under an LDP may trigger additional implied-consent procedures under G.S. 20-16.2.

Can I Get a Hardship License After Refusing a Breathalyzer in NC?

Yes, but with additional restrictions. If you refused a breathalyzer test, the NC DMV imposes a separate 1-year civil license suspension in addition to any court-ordered revocation. You may apply for a limited driving privilege after completing 6 months of that 1-year suspension, provided you meet the other eligibility requirements and file the appropriate documentation with the court.

North Carolina Hardship License Lawyer

If you want to explore the possibility of getting a North Carolina hardship license, do not hesitate to reach out to our office here at Edwards Law, PLLC. Doug Edwards has more than 14 years of experience standing up for North Carolina residents who have been charged with a variety of misdemeanors and felonies, including DWIs. Doug is a Board Certified Specialist in State Criminal Law by the North Carolina State Bar – a credential fewer than 3% of NC attorneys hold. He has served as an Assistant District Attorney for over a decade and is deeply familiar with how Buncombe County courts handle DWI and limited driving privilege petitions. When you consult with us, we can help you understand your options for getting back on the road. Contact us today to learn more.