Buncombe County DUI Guide

DUI Arrest in Buncombe County, NC: Complete Guide

Being arrested for Driving While Impaired (DWI) in Buncombe County can be a disorienting experience. You're likely facing immediate license suspension, impound fees for your vehicle, and a criminal case in District Court. Unlike many jurisdictions that offer diversionary programs for first-time offenders, North Carolina has a strict "no diversion" policy. This guide provides clear, practical information about what to expect in Buncombe County and the steps you need to take to protect your rights and driving privileges.

What Happens After a DUI Arrest in Buncombe County

Following a DWI arrest, you will be taken into custody by either the Asheville Police Department (APD), the Buncombe County Sheriff’s Office (BCSO), or the NC State Highway Patrol (NCSHP). You'll be transported to the Buncombe County Detention Facility for processing. This facility, located at 20 Davidson Drive, Asheville, NC 28801, serves as the operational hub for all initial arrests, bookings, and bond hearings. The next steps involve booking, a bail hearing before a Magistrate, and the start of an administrative license revocation process.

Immediate Steps (First 24 Hours)

1. Arrest and Booking: You will be transported to the Buncombe County Detention Facility at 20 Davidson Drive. The booking process involves fingerprinting, photographing, and recording your personal information.

2. Magistrate Hearing: You will appear before a Magistrate, an independent judicial official, who will determine if there is "clear and convincing evidence" that your impairment presents a danger of physical injury to yourself, others, or property, as per NC General Statute 15A-534.2 ("Detention of Impaired Drivers"). The Magistrate considers your BAC result, the officer’s testimony, and their own observations.

3. Impairment Hold: If the Magistrate finds you to be a danger, you will be detained. Under the Safe Roads Act of 1983, immediate release is not guaranteed, even with community ties.

4. Phone Calls: You will be allowed to make phone calls, typically after the booking process is complete. Use these calls to contact a licensed bail bondsman or a DUI attorney.

5. Release Options:

• Sober Responsible Adult (SRA): You can be released to a sober, responsible adult who is willing to take responsibility for you. In Buncombe County, the Magistrate may administer a portable breath test (PBT) to the SRA. Passengers in your vehicle at the time of the arrest may not be considered "responsible."
• 24-Hour Statutory Cap: If no SRA is available, the Magistrate must set conditions of release under standard bail procedures after 24 hours.

1. Bail: Once the impairment hold is lifted, the Magistrate sets bail conditions. Buncombe County Pretrial Services Program conducts risk assessments to inform these decisions. Options include:

• Written Promise to Appear (rare for DWI)
• Unsecured Bond (common for first-time offenders with local residence)
• Secured Bond (requires cash, property, or a bondsman – standard for out-of-state residents, refusal cases, or recidivists)

Critical Deadlines

• Civil Revocation Hearing Request: You have only 10 days from the date of the Civil Revocation Order to request a hearing with the Clerk of Court to contest the administrative license suspension. This is a crucial deadline.
• Pretrial Limited Driving Privilege (LDP): Starting on the 11th day of the Civil Revocation, you may be eligible to apply for a limited driving privilege.
• Civil Revocation Expiration: The Civil Revocation expires after 30 days, after which you can retrieve your license from the Clerk of Court at 60 Court Plaza after paying a $100.00 fee.
• Court Appearance: You will receive a notice for your court appearance date. Missing this date can result in further penalties.

DUI Enforcement in Buncombe County

The Asheville Police Department (APD) primarily handles DUI enforcement within the city limits. The Buncombe County Sheriff’s Office (BCSO) and the NC State Highway Patrol (NCSHP) also conduct DUI patrols throughout the county.

Local Resources

• Buncombe County Courthouse: 60 Court Plaza, Asheville, NC 28801. Clerk Phone: (828) 259-3400. Filing Hours: Monday – Friday, 8:00 AM – 5:00 PM.
• Buncombe County Detention Facility (Intake/Magistrate): 20 Davidson Drive, Asheville, NC 28801. Lobby Phone: (828) 250-4503 / (828) 250-4610. Magistrate Phone: (828) 250-4690.
• Finding a Licensed Bail Bondsman: A list of authorized professional bondsmen is available in the lobby of the Buncombe County Detention Facility at 20 Davidson Drive.

What Makes Buncombe County Different

• Strict SRA Enforcement: Buncombe County Magistrates strictly enforce the "Sober Responsible Adult" (SRA) release provision. Passengers in your vehicle at the time of the arrest may not be deemed "responsible," and the individual picking you up may be required to submit to a breath test.
• Location Disconnect: The Buncombe County Courthouse (60 Court Plaza) houses the Clerk of Court and administrative offices. However, physical custody and release occur at the Buncombe County Detention Facility (20 Davidson Drive). Family members posting bond must go to Davidson Drive, especially after hours.
• AutoReturn System: If arrested by the Asheville Police Department (APD), your vehicle is likely impounded through the AutoReturn system. Contact AutoReturn at (888) 217-9731 or AutoReturn Network using your license plate number or VIN to locate your vehicle. If the system lists the vehicle status as "On Hold," contact the Asheville Police Department Records or Evidence Division at (828) 259-5870 or (828) 252-1110 to secure a release authorization.
• Shift Change Blackouts: Administrative processing of releases at the Buncombe County Detention Facility often slows or halts during shift changes, typically at 6:00 AM and 6:00 PM.

To retrieve your license after the 30-day Civil Revocation period, you must physically go to the Clerk of Court’s office at 60 Court Plaza and pay a $100.00 Civil Revocation Fee.

Frequently Asked Questions

1. Where do I go to post bail for someone arrested for DUI in Buncombe County? Go to the Buncombe County Detention Facility at 20 Davidson Drive, Asheville, NC 28801. Do not go to the courthouse after hours.
2. My car was towed after my DUI arrest by Asheville PD. How do I find out where it is? Contact AutoReturn at (888) 217-9731 or AutoReturn Network using your license plate number or VIN.
3. What happens if I can't find a sober, responsible adult to pick me up after my DUI arrest in Buncombe County? The Magistrate is statutorily required to set conditions of release under the standard bail statute (N.C.G.S. 15A-534) after 24 hours.

Find a local DUI attorney in our attorney directory or browse licensed bail bondsmen serving Buncombe County.

Sources

• NC Courts — Buncombe County
• NC Courts — Services
• Asheville NC — Recover a Towed Vehicle
• Buncombe County Sheriff's Office — Detention
• Buncombe County — Pretrial Support Services Program