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Can I Drive to Work with a DWI in North Carolina?

Can I Drive to Work with a DWI in North Carolina?

Limited Driving Privileges in NC

by James P. Little

If convicted of a DWI under certain circumstances, a defendant may be subject to a NC limited driving privilege that allows the defendant to drive for work related purposes.

If the defendant seeks employment in another state, a common question is whether the defendant can transfer the driving privilege to that the other state or whether they will have to get a new privilege? The answer: It depends.

Limited driving privileges for DWIs are codified under North Carolina General Statue 20-179.3. The statute does not prohibit an individual from driving out of state for work related purposes within the limitations of the privilege. Under the Full Faith and Credit Clause of the US Constitution, each other state shall accordingly give credit to the judicial proceedings of our State and recognize a limited driving privilege as a lawful form of travel, just as if carrying a NC license (and of course subject to the limitations of the privilege). However, if one were to move to another State and take residence there, they would be subject to licensing in that State. A person under such circumstances should consult an attorney in that state regarding licensing and privileged driving.

The criminal team at Hatch, Little & Bunn can be reached at 919-670-1411. Our attorneys are licensed to practice before all North Carolina state and federal courts.