Buncombe County License Hearing Guide
How to request your Administrative License Hearing and protect your driving privileges after a DUI arrest.
Last verified: January 6, 2026
15-Day Deadline
You have exactly 15 days from your arrest to request a hearing. Miss this deadline and your license is automatically suspended. No exceptions.
Enter your arrest date to see your deadline:
If You Request in Time
- • Temporary permit until hearing
- • Chance to keep your license
- • Gather evidence for defense
If You Miss the Deadline
- • Automatic 90-180 day suspension
- • No hearing, no appeal
- • Starts after waiting period
How to Request Your Hearing
Online Request
Fee: Typically $50-$125
Available: 24/7
Instant confirmation
Phone Request
Fee: Same as online
Hours: Business hours only
Expect hold times
Information You'll Need
From Your Notice:
- • Driver License Number
- • Date of Arrest
- • Arresting Agency
- • Arresting Officer Name
Personal Information:
- • Full Legal Name
- • Current Address
- • Date of Birth
- • Phone Number & Email
After You Request
Temporary Permit
ImmediateDrive legally until your hearing
Hearing Notice
20-40 daysDate, time, and format mailed to you
Prepare Defense
Before hearingGather evidence, hire attorney
Attend Hearing
Scheduled dateUsually phone or video
Decision
Same dayWin: keep license. Lose: suspension starts
Temporary Permit
Immediate
Drive until hearing
Hearing Notice
20-40 days
Date mailed to you
Prepare
Before hearing
Gather evidence
Attend Hearing
Scheduled
Phone or video
Decision
Same day
Win or suspension
What to Expect at the Hearing
Most hearings are by phone or video
You usually don't need to travel. When you receive your hearing notice, it will specify whether it's phone, video, or in-person.
Duration
30-60 minutes typically
Who's There
You, your attorney (optional), state attorney, hearing officer
What They Review
Probable cause for stop, proper arrest procedure, test validity
Evidence That Can Help
- Dashcam or bodycam footage showing procedural errors
- Breathalyzer calibration records (if not current)
- Witness statements about your sobriety
- Medical conditions affecting field sobriety tests
Should You Hire an Attorney?
With an Attorney
- Can subpoena arresting officer
- Knows how to challenge evidence
- Uses hearing to strengthen criminal defense
- Higher success rate at hearings
Without an Attorney
- State has experienced attorney present
- May not know proper objections
- Can't effectively cross-examine officers
- Lower win rate statistically
If You Lose Your Hearing
Losing the hearing isn't the end. You still have options to maintain limited driving privileges:
Ignition Interlock
Drive with device installed
Occupational License
Limited driving for work/essentials
FAQ
Related Guides
The administration of impaired driving laws in North Carolina operates under a uniquely rigid statutory framework, codified principally in the Safe Roads Act of 1983.
If you've been arrested for DWI in Buncombe County, North Carolina, you face an immediate administrative license revocation (ALR) by the North Carolina Division of Motor Vehicles (NCDMV). This is a separate process from the criminal DWI case, and it's crucial to understand your rights and deadlines to protect your driving privileges. You have only 10 days from the date of your arrest to request an ALR hearing.
The Civil Revocation Chronology in Buncombe County
The Civil Revocation (CVR) process in Buncombe County dictates how long you will be without driving privileges.
- Day 0: DWI Arrest & Civil Revocation Order issued. Your physical license is seized by the Clerk of Court. This suspension is effective immediately.
- Day 1-10: You have the right to request a hearing to contest the CVR.
- Day 11-30: You may be eligible for a Pretrial Limited Driving Privilege (LDP) for work, school, or household maintenance.
- Day 30: The minimum revocation period ends, but you must take action to reinstate your license.
Requesting Your ALR Hearing
You have just 10 calendar days from the date your license was seized to request an ALR hearing with the NCDMV. This is a critical deadline. Missing it means your license suspension will automatically go into effect.
Contesting the Civil Revocation
A defendant has the right to contest the CVR at a hearing held by a Magistrate. The scope is strictly limited to:
- Validity of the stop.
- Probable cause for the arrest.
- Validity of the chemical analysis.
Pretrial Limited Driving Privilege (LDP)
From Day 11 to Day 30, a defendant may drive for work, school, or household maintenance if they obtain a Pretrial LDP. This is not automatic; it requires a judicial order.
Prerequisites:
- DL-123 Form: Proof of valid liability insurance.
- Substance Abuse Assessment: The defendant must complete a clinical assessment (often called a "508 assessment") from a registered provider.
- Fees: A $100.00 filing fee paid to the Clerk of Court.
The "508 assessment" takes time to schedule. If a defendant waits until Day 10 to book an appointment, they may not get the LDP until Day 20, rendering the privilege almost moot given the impending Day 30 restoration.
License Restoration After 30 Days
At the end of the 30-day period, the license is not mailed back. The defendant must physically go to the Clerk of Court’s office at 60 Court Plaza and pay a $100.00 Civil Revocation Fee to reclaim the license. If this fee is not paid, the license remains revoked indefinitely. Driving after Day 30 without paying this fee constitutes "Driving While License Revoked" (DWLR), a new misdemeanor offense.
Remember to go to the Clerk of Court’s office at 60 Court Plaza to pay the $100.00 fee and reclaim your license.
Sources
- North Carolina Department of Motor Vehicles / Public Safety
- North Carolina Administrative Code - License Suspension Procedures
Last updated: January 6, 2026
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