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

In addition to the North Carolina CDL (commercial driver's license) information found in our website covering the North Carolina CDL and in the free North Carolina CDL Handbook (which is quite boring and a bit confusing - and doesn't have a single multiple-choice question in it that is asked on the actual tests), the complete online North Carolina CDL Practice Test prep program will prepare.

Completion of an approved teacher education program at an accredited North Carolina institution of higher education. 2 - Completion of licensing requirements through a program not defined by codes 1, 3, 4, 6, 8, or 9. North Carolina Class A CDL In most states, this license allows the driver to operate any vehicle with a semi-trailer or trailer with two or more axles. This also includes any combination of vehicles with a gross vehicle weight rating (GVWR) greater than 26,000 pounds (provided that the GVWR of the towed vehicle is in excess of 10,000 pounds) under the following conditions. Here are the codes. 0- No Restrictions. 1- Corrective Lenses 2- 45MPH speed limit/no interstate highways. 3- Daylight driving only. 4- NC Interstate only-CDL 5- Wrecker only 6- Mobile Home transport only 7- Outside Mirror 8- No tracto Trailers 9- Other-as shown on license 10- Accomanied by driver licensed for class driven. While impaired, G.S. 20-138.1, or a drivers license revoked pursuant to. (3) The drivers license of the person had an alcohol concentration restriction. NC DMV Driver’s Help Information (Revised September 2015) Special Off Line Search (NC Drivers License Information) Access to NC DMV Images Driver License Endorsement Types.

A limited privilege issued to a high-risk driver must:

(1) not become effective until at least 45 days after the final conviction under G.S. 20-138.1;

(2) restrict the driver to operating only a designated motor vehicle;

(3) require that the designated motor vehicle be equipped with functioning ignition interlock system of a type approved by the Commissioner of NC DMV, which is set to prohibit driving with an alcohol concentration greater than 0.00;

(4) require that the driver personally activate the ignition interlock system before driving the motor vehicle; and

(5) restrict the applicant to driving only to and from the applicant’s place of employment, the place the applicant is enrolled in school, any court ordered treatment or substance abuse education, and any ignition interlock service facility.

G.S. 20-179.3(c1);(g5). AOC-CR-341 is the form for such privileges.

For purposes of determining whether the person qualifies as a high-risk driver, G.S. 20-179.3(c1) provides that the results of a chemical analysis presented at trial or sentencing are sufficient to prove a person’s alcohol concentration, are conclusive, and are not subject to modification by any party, with or without approval of the court.

Exception for Employer-Owned Motor Vehicles

The ignition interlock restrictions for a limited driving privilege that are set forth as requirements (2), (3), and (4) above do not apply to a motor vehicle that is owned by the driver’s employer and that the driver operates solely for work-related purposes if the owner of the vehicle files with the court a written document authorizing the driver to drive the motor vehicle for work-related purposes under the authority of the limited driving privilege. G.S. 20-179.3(g4). This exception to ignition interlock requirements is unique to the limited privilege; there is no such exception to ignition interlock requirements that apply after the period of revocation ends and a person’s license is restored. G.S. 20-17.8.

License Restoration

A limited driving privilege issued pursuant to G.S. 20-179.3 is effective only during the period of revocation imposed pursuant to G.S. 20-17(a)(2). At the conclusion of the revocation period, a person may apply to NC DMV to have his or her license restored. See G.S. 20-7(i1) (imposing $100 restoration fee for person revoked under G.S. 20-17(a)(2)); G.S. 20-17.6 (imposing requirements for restoration of license following conviction of driving while impaired); G.S. 20-17.8 (imposing ignition interlock requirements upon restoration). If NC DMV receives an affidavit pursuant to G.S. 20-16.2(c1) stating that the driver had an alcohol concentration of 0.15 or more, the person’s license may be restored (after a period of revocation following conviction of impaired driving under G.S. 20-138.1) only with an ignition interlock restriction providing that:

(1) the driver may operate only a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner of NC DMV;

(2) the driver must personally activate the ignition interlock system before driving the vehicle; and

(3) the driver may not drive with an alcohol concentration of 0.04 or more. (An alcohol concentration restriction of 0.00 is required if the driver also was convicted, based on the same circumstances, of (i) driving while impaired in a commercial vehicle; (ii) driving while less than 21 after consuming alcohol or drugs; (iii) death by vehicle or serious injury by vehicle; or (iv) manslaughter or negligent homicide resulting from the operation of a vehicle when the offense involved impaired driving.)

G.S. 20-17.8(b). An alcohol concentration restriction of 0.04 combined with an ignition interlock restriction is noted on a person’s license as restriction 20. An alcohol concentration restriction of 0.00 combined with an ignition interlock restriction is noted on a person’s license as restriction 22.

These requirements are in effect for (1) one year from the date of restoration if the original revocation period was one year; (2) three years from the date of restoration if the original revocation period was four years; or (3) seven years from the date of restoration if the original revocation was a permanent revocation. G.S. 20-17.8(c). If the person was eligible for and received a limited driving privilege under G.S. 20-179.3, with the ignition interlock requirement contained in G.S. 20-179.3(g5), the period of time for which the limited driving privilege was held must be applied toward the requirements of G.S. 20-179.3(c). Thus, a high-risk driver subject to a one-year revocation who was issued a limited driving privilege on the forty-sixth day after the revocation is required to maintain ignition interlock for only forty-five additional days post-restoration.

A person subject to the ignition interlock requirement as a condition of license restoration must equip all the vehicles he or she owns with ignition interlock. G.S. 20-17.8(c1). NC DMV may grant an exception to the requirement that all vehicles be so equipped for vehicles that are relied upon by another member of the person’s family for transportation and are not in the possession of the affected driver. Id. So, for example, if a driver owns a motor vehicle that is driven by and in the possession of the driver’s son or daughter who is attending college and lives outside the family home, the college student’s motor vehicle does not have to be equipped with ignition interlock.

Approved Ignition Interlock Providers

As noted earlier, to satisfy the requirements for both limited driving privilege and license restoration purposes, the ignition interlock system installed must be of a type approved by the Commissioner of NC DMV. NC DMV issued in February 2011 new ignition interlock program standards and procedures. A kerfuffle ensued upon their adoption between NC DMV and the longstanding and exclusive provider of ignition interlock services, Monitech, Inc., which was not initially certified under these standards. Two lawsuits filed by Monitech were settled a few months ago pursuant to an agreement that allows Monitech to continue serving as an ignition interlock provider for existing customers and permits Monitech to accept new customers until July 31, 2012, a date by which NC DMV will have completed its review of the company’s new certification application. See Craig Jarvis, Morrisville ignition-lock company Monitech settles with DMV, News and Observer, March 22, 2012. Smart Start Inc. is the only company currently certified under the new standards.

North Carolina Learners Permit Restrictions - NC Driving Permit Rules

In order to ensure the safety of all newly licensed drivers, the North Carolina Department of Motor Vehicles sets a number of permit restrictions that must be observed at all times. The North Carolina learners permit restrictions help drivers to stay away from trouble and avoid most of the potentially dangerous on-road situations. Failure to observe the North Carolina driving permit rules may result in your driving privileges being suspended or canceled altogether.

Why Do We Need These Restrictions

The main reason why the state has developed these permit restrictions is the fact that inexperienced drivers are highly likely to be involved in a traffic accident. Experience is everything when it comes to driving, it allows you to anticipate and avoid most of the potentially dangerous situations. Unfortunately, those who just received a North Carolina drivers license usually lack the skills required for safe operation of a motor vehicle, even if they took a few professional driving lessons. That's why the license issuance is usually preceded by the learners permit stage, when the new driver is coupled with a more experienced partner. The driver who has more experience must compensate for the possible mistakes that can be made by the permit holder and thus unsure a relatively safe driving environment. When enough experience is gained, the learners permit can be upgraded to a full North Carolina driver's license by taking a road skills exam, at which point all learners permit restrictions are lifted.

Age Dependent Permit Restrictions in North Carolina

Sadly, teenage drivers face even more risks on the road than drivers of any other age group. In addition to the lack of driving experience, teen drivers are also much more likely to be distracted by peers, cell phone or radio usage. In order to address all these factors, the state has developed a graduated drivers license system, which is a set of laws that govern the permit and license restrictions for drivers who are under 18 years of age. The graduated license law also requires teenage drivers to complete a mandatory drivers education course before a driving permit can be issued. You may read more about the graduated license laws in the North Carolina driver handbook.

Learners Permit Restrictions - Over 18

If you are over 18 years of age, there will be only one restriction that you must observe immaculately - you cannot drive alone. You must have another licensed driver seated next to you at all times while practicing your driving skills.

Note: although the graduated license restrictions do not apply to you if you are over 18 years of age, you still have to take the same tests as teenage drivers - both the permit test and the driving skills exam. If you want to see what the permit test will be like, you can take a few practice permit tests that follow the same format as the real exam.

Graduated License Restrictions - Under 18

The graduated license system divides the licensing procedure for teenagers into a number of consecutive steps and each step has its own set of restrictions. The main stages of the North Carolina graduated license process are:

• Level 1 - Limited Learners Permit
• Level 2 - Limited Provisional License
• Level 3 - Full Provisional License

These stages are followed with the issuance of a full unrestricted driver license once the licensee reaches the age of 18.

Limited Learner Permit Restrictions

What Does Restriction 1 Mean On A Driver's License Nc

You have to observe the following restrictions while driving with your limited learners permit:

• Supervised driving only. You can operate a vehicle only if there is a supervising driver seated next to you. The supervising driver must be your parent, grand parent, legal guardian or another driver appointed by your parents. The supervising driver must have at least 5 years of driving experience and hold a valid North Carolina driver license.
• Curfew. You can't drive between 9 p.m. and 5 a.m. for the first 6 months following the issuance of the permit.
• No cell phones. You cannot use any communication devices while driving on public roads.

Limited Provisional License Restrictions

Once you pass the driving test and receive your limited provision license, you may drive without a supervising driver, but you may still observe the following rules:

• Curfew. No driving alone between 9 p.m. and 5 a.m. If you need to drive during these hours, you must have a supervising driver seated next to you. Exceptions are made when you travel directly to and from work or in emergency situations.
• Seat belts. Everyone in the vehicle must wear a seat belts.
• Passenger restrictions. Only one passenger who is under 21 years of age is allowed to be present in the vehicle. This rule does not apply to the immediate family members.
• Cell phones. Cell phone usage is strictly prohibited while you are driving.

Full Provisional License

Nc Driver's License Restriction Code 90

Finally, there is a full provisional drivers license. This license lacks all permit restrictions of the previous stages, except for one - you still cannot use a cell phone while driving a vehicle. This restriction will be lifted on your 18th birthday when you upgrade to a full driver license.