Brunswick County License Hearing Guide

Brunswick County DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI (Driving Under the Influence) in Brunswick County, North Carolina, can be a frightening and confusing experience. One of the most immediate concerns is what will happen to your driver's license. This guide is designed to provide you with the critical information you need to understand the license suspension process and how to fight to keep your driving privileges. It's important to understand that there are two separate processes at play: the criminal case and the administrative license suspension process. This guide focuses on the administrative process, which can result in your license being suspended before your criminal case is even resolved.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest in Brunswick County to request an Administrative License Revocation (ALR) hearing. This hearing is your chance to challenge the suspension of your driver’s license before it automatically goes into effect. Missing this deadline means your license will be automatically suspended. Don't delay!

Where to Request a Hearing: The ALR hearing request must be filed with the North Carolina Division of Motor Vehicles (DMV).

How to Request a Hearing: You can request an ALR hearing in North Carolina through the following methods:

• Online: Check the North Carolina DMV website (NCDOT.gov) for the most up-to-date information on online hearing requests. Look for sections related to "DWI" or "License Suspension."
• Phone: Contact the North Carolina DMV at their main customer service number. Inquire about requesting an ALR hearing for a DUI arrest. Be prepared to provide your driver's license information and details of your arrest. You'll need to confirm they can accept a request over the phone.
• Mail: Send a written request to the North Carolina DMV. The request should include:
• Your full name
• Your driver's license number
• Your date of birth
• Your current address
• The date of your DUI arrest
• The arresting officer's name and badge number (if known)
• A clear statement requesting an Administrative License Revocation (ALR) hearing.
• Your signature
• A copy of the DUI citation.

Mail the request to the address specified by the North Carolina DMV for ALR hearing requests. This address may be different from the general DMV address, so check the NCDOT website or call to confirm.

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 remain in effect until the DMV determines otherwise, or until the criminal case is resolved. This makes requesting the hearing within the deadline absolutely critical.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be temporarily suspended immediately following your arrest. The reasons for this automatic suspension depend on whether you took 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 likely be suspended for 30 days, pending the ALR hearing. This is the legal limit in North Carolina.
• Temporary Permit: The officer may have issued you a temporary driving permit that is valid until your ALR hearing or until the suspension begins. Pay close attention to the expiration date on this permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test in North Carolina carries a much harsher penalty than failing the test. The suspension for refusing a test is typically for a longer period, often a year.
• Implied Consent Law in North Carolina: By driving on North Carolina roads, you have implicitly consented to submit to chemical testing if lawfully requested by a law enforcement officer. Refusal to comply with this request carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to contest the suspension of your driver's license. Understanding the process and preparing effectively is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not necessarily determine the outcome of the criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV had sufficient grounds to suspend your license administratively.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show that it is more likely than not that you were driving while impaired, not that you are guilty beyond a reasonable doubt.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other information that could challenge the basis for the suspension.
• Consider Hiring a DUI Attorney: A Brunswick County DUI attorney experienced in ALR hearings can provide invaluable assistance in preparing your case, presenting evidence, and cross-examining witnesses. They understand the nuances of North Carolina DUI laws and can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: If the DMV finds sufficient evidence to support the suspension, your license will remain suspended.
• Suspension Overturned: If the DMV does not find sufficient evidence, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes such as work, school, or medical appointments.

Hardship/Restricted License in North Carolina

A hardship license may be available in North Carolina under specific circumstances.

• Eligibility Requirements: You must meet certain criteria, such as demonstrating a need to drive for essential purposes like work, school, or medical treatment.
• What You Can Drive For: A hardship license typically restricts driving to specific locations and times related to your approved purposes.
• Costs and Application Process: There are fees associated with applying for a hardship license, and the application process involves submitting documentation to the DMV.
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must satisfy all requirements imposed by the court and the DMV, including completing any required alcohol education or treatment programs.
• Fees: You will need to pay reinstatement fees to the DMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: The court or DMV may require you to complete alcohol education classes or treatment programs as a condition of reinstatement.

Brunswick County DMV Offices

Unfortunately, there isn't a full list of Brunswick County DMV offices available at this time. Please consult the official NCDOT website (NCDOT.gov) to locate the nearest DMV office and confirm their hours of operation. Generally, you can find offices in larger towns within the county, such as Shallotte and Southport. It is always best to call ahead.

Special Programs

• Ignition Interlock Device Program: North Carolina has an ignition interlock device (IID) program that allows individuals convicted of DUI to regain driving privileges sooner by installing a device that prevents the vehicle from starting if alcohol is detected.
• Occupational License: While technically a form of hardship license, an occupational license is often specifically geared towards allowing individuals to drive for work-related purposes.
• State-Specific Programs: Check the NCDOT website for any other state-specific programs that may be available to assist individuals with DUI-related license suspensions.

Disclaimer: This guide provides general information about DUI license suspensions in Brunswick County, North Carolina, and is not intended as legal advice. It is essential to consult with a qualified DUI attorney to discuss your specific situation and legal options. The laws and procedures related to DUI cases are subject to change, so it is important to stay informed and seek professional guidance.