Alamance County License Hearing Guide

Alamance County DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Alamance County)

Being arrested for a DUI in Alamance County, North Carolina, is a stressful and confusing experience. You're likely worried about the criminal charges, but it's crucial to understand that your driver's license is at stake separately from the criminal case. This means you could lose your driving privileges even if you're ultimately found not guilty of the DUI itself.

This guide focuses on the administrative process of license suspension, specifically the Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is vital to protecting your ability to drive. Don't delay – you have limited time to take action.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Alamance County, the clock starts ticking. You have only 15 days from the date of your arrest to request an ALR hearing with the North Carolina Division of Motor Vehicles (DMV). This is a crucial step in fighting the automatic suspension of your driver's license.

Where to Request: You must request the hearing from the North Carolina Division of Motor Vehicles (DMV).

How to Request: Unfortunately, North Carolina doesn't offer online requests for ALR hearings currently. You must request the hearing either by:

• Mail: Send a written request for an ALR hearing to the address provided on the temporary driving permit you received at the time of your arrest. If you didn't receive a permit, contact the DMV immediately to determine the correct address. Ensure you send it via certified mail with return receipt requested so you have proof of timely submission.
• Phone: Call the North Carolina DMV at the number listed on your temporary driving permit (if you received one) or search the official NCDMV website for the appropriate contact number for driver license revocation hearings. Confirm the mailing address with the DMV representative during the call. Again, follow up with a written request sent via certified mail.

What to Include in Your Written Request:

• Your Full Name
• Your Date of Birth
• Your Driver's License Number
• Your Mailing Address
• The Date of Your DUI Arrest
• The County Where You Were Arrested (Alamance County)
• A clear statement that you are requesting an Administrative License Revocation (ALR) Hearing.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. This suspension will begin as outlined below, depending on whether you took a breath or blood test and whether you failed or refused. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

The reason for the ALR hearing is that your license is subject to immediate administrative suspension following a DUI arrest in Alamance County. The grounds for this suspension depend on whether you submitted to a breath or blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for 30 days. This is an administrative suspension, separate from any suspension imposed by the court if you are convicted of DUI.
• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit issued at the time of your arrest is typically valid for a limited time, usually until your ALR hearing or the start of the 30-day suspension, whichever comes first. This permit allows you to drive legally until the hearing or suspension takes effect.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In North Carolina, refusing testing will result in an immediate one-year (12-month) license suspension.
• Implied Consent Law in North Carolina: North Carolina, like all states, has an implied consent law. This law states that by driving on North Carolina roads, you have implicitly consented to submit to chemical testing (breath or blood) if lawfully arrested for DUI. Refusal to comply with this law carries severe consequences, as described above.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial. It's your opportunity to challenge the administrative suspension of your license.

What It Is

• Separate From Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. It is an administrative proceeding conducted by the DMV, not a court of law. The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV had sufficient legal grounds to suspend your license based on your DUI arrest.
• Lower Burden of Proof Than Criminal Trial: The DMV only needs to prove that it had reasonable grounds to believe you were driving while impaired. This is a lower standard of proof than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is critical to increasing your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements who can testify to your sobriety.
• Video footage (if available) that contradicts the police officer's observations.
• Medical records that might explain a high BAC reading.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Alamance County can be invaluable in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the arguments that are most likely to be successful. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing procedure, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer properly administered the breath or blood test.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: The DMV hearing officer may uphold the suspension if they find sufficient evidence to support it.
• Suspension Overturned: If you successfully challenge the grounds for the suspension, the hearing officer may overturn it, and your driving privileges will be restored (assuming no other suspensions are in effect).
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes (see below).

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be able to obtain a limited driving privilege, often called a hardship license or restricted license.

• Eligibility Requirements: Generally, you must demonstrate that you need to drive for essential purposes, such as:
• Going to and from work
• Going to and from school or educational programs
• Obtaining necessary medical care
• Attending court-ordered treatment programs
• What You Can Drive For: The restricted license will specify the permissible purposes for which you can drive, as listed above.
• Costs and Application Process: The application process involves completing a form, providing supporting documentation, and paying a fee. Contact the Alamance County Clerk of Court for the specific requirements and fees.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license. This device requires you to blow into it before starting the car, and it will prevent the car from starting if it detects alcohol.

Getting Your License Back

Once your suspension period is over, you'll need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement vary depending on the circumstances of your case, but generally include:
• Paying a reinstatement fee to the DMV.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any court-ordered classes or programs (e.g., substance abuse assessment and treatment).
• Fees: The reinstatement fee can vary; check the NCDMV website for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You will likely need to maintain SR-22 insurance for a period of several years following a DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete a substance abuse assessment and treatment program as a condition of probation or license reinstatement.

Alamance County DMV Offices

Here are the local DMV offices where you can obtain information and potentially handle some reinstatement tasks (check the NCDMV website for the most up-to-date information and hours):

• (Address and Hours - This information needs to be researched and added based on current DMV office locations in Alamance County) Example: Burlington DMV - 123 Main Street, Burlington, NC 27215 - Hours: Mon-Fri 8:00 AM - 5:00 PM
• (Address and Hours - This information needs to be researched and added based on current DMV office locations in Alamance County)

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of a restricted license or license reinstatement.
• Occupational License: This is essentially the same as a hardship/restricted license.
• North Carolina Division of Adult Correction Programs: You may be required to complete programs as a condition of your sentence, such as the Alcohol and Drug Education Traffic School (ADETS).

Disclaimer: This guide provides general information about DUI license suspensions in Alamance County, North Carolina, and is not a substitute for legal advice. It is crucial to consult with a qualified DUI attorney to discuss the specific facts of your case and receive personalized guidance.