Cabarrus County License Hearing Guide

Cabarrus County DUI License Suspension & ALR Hearing

(This information is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney regarding your specific situation.)

Being arrested for a DUI (Driving Under the Influence) in Cabarrus County, North Carolina, is a stressful and confusing experience. One of the first and most pressing concerns is what will happen to your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case and an administrative license revocation (ALR) process. This guide focuses specifically on the ALR process, which determines the status of your driver's license.

The ALR process is handled by the North Carolina Division of Motor Vehicles (DMV), and it's entirely separate from the criminal court proceedings. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through the ALR process. The good news is you have the opportunity to fight the suspension, but time is of the essence.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Cabarrus County, you have a very limited window – only 15 days – to request an Administrative License Revocation (ALR) hearing. This hearing is your chance to challenge the suspension of your driver's license. Missing this deadline has serious consequences.

• Where to Request: You need to request the hearing from the North Carolina Division of Motor Vehicles (DMV). While the Cabarrus County Clerk of Court handles criminal matters, the DMV handles administrative license suspensions.

• How to Request: You can request the ALR hearing by:

• Online: Check the North Carolina DMV website for online hearing request options. Look for a section related to DUI or license suspension hearings.

• Phone: Contact the North Carolina DMV's Driver License Section. Be prepared to provide your name, driver's license number, and details of your arrest. Ask for the procedure to request an ALR hearing.

• Mail: While less common and potentially slower, you can send a written request to the North Carolina DMV Driver License Section. The address can be found on the NC DMV website. Your letter must clearly state that you are requesting an ALR hearing related to your DUI arrest in Cabarrus County and include all relevant information. Certified mail with return receipt is highly recommended to prove you sent the request on time.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. This suspension will begin according to the type of offense (failure or refusal to test). There is very little recourse once the deadline has passed, so acting quickly is paramount.

Automatic License Suspension

Regardless of whether you request a hearing, your license will be subject to an automatic suspension based on the circumstances of your arrest.

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.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the 30-day suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test after being lawfully arrested for DUI carries a much harsher penalty. Your license will be suspended for one year (12 months).
• Implied Consent Law in North Carolina: North Carolina, like all states, has an implied consent law. This means that by driving on North Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing has severe consequences, as detailed above.

The ALR/Administrative Hearing

Understanding the nature of the ALR hearing is critical for preparing effectively.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not automatically determine 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 driver's license.
• 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 "substantial evidence" that you were driving while impaired, not "beyond a reasonable doubt," as required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or others who observed you before the arrest.
• Video footage from dashcams or surveillance cameras that might show your driving or condition.
• Medical records that could explain elevated BAC levels (if applicable).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Cabarrus County can be invaluable. They understand the local court procedures, can navigate the complexities of the ALR process, and can effectively represent you at the hearing. They can also help you gather evidence and prepare your defense.
• Understand What You Can Challenge: You can challenge several aspects of the case against you at the ALR hearing, 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 correctly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

The ALR hearing can have several possible outcomes.

• Suspension Upheld: If the DMV presents sufficient evidence and you are unable to successfully challenge it, your license suspension will be upheld.
• Suspension Overturned: If you can successfully challenge the evidence against you, the hearing officer may overturn the suspension, and your license will be reinstated.
• Restricted/Hardship License Granted: Even if your suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under certain circumstances (see below).

Hardship/Restricted License in North Carolina

Even with a suspended license, you may be able to obtain a limited driving privilege (hardship license) in North Carolina.

• Eligibility Requirements: Generally, you must demonstrate that you need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• What You Can Drive For: A hardship license will typically restrict you to driving only for the specific purposes for which it was granted. The hours and routes you can drive are also usually limited.
• Costs and Application Process: The application process involves submitting a petition to the court and providing documentation to support your need for a hardship license. There are associated court costs and fees. Consult with an attorney to ensure you follow the correct procedures.
• IID Requirement: Depending on the circumstances of your DUI and previous offenses, 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

The process of getting your license fully reinstated after a DUI conviction involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case is resolved, you will need to meet certain requirements to reinstate your license, including:
• Paying all fines and court costs.
• Completing any required alcohol education or treatment programs.
• Serving any jail time or probation.
• Fees: The DMV charges a reinstatement fee to restore your driving privileges.
• 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 may order you to complete substance abuse assessment and treatment programs as a condition of your sentence. Completion of these programs is often required before your license can be reinstated.

Cabarrus County DMV Offices

(Please note that information can change. Always verify with the NC DMV directly.)

Example:

• Concord DMV Driver License Office: 123 Main Street, Concord, NC 28025. Hours: Monday-Friday, 8:00 AM - 5:00 PM.

Special Programs

• Ignition Interlock Device Program: This program requires drivers convicted of DUI to install an IID in their vehicles. The device prevents the car from starting if the driver's breath alcohol concentration is above a pre-set limit.
• Occupational License: (See Hardship License above; the terms are often used interchangeably in NC) This allows driving for work, education, and medical needs.
• Any State-Specific Programs: Check with your attorney or the NC DMV for any other programs that might be available to you.

Remember, navigating the complexities of a DUI arrest and license suspension can be overwhelming. Contacting a qualified DUI attorney in Cabarrus County is the best way to protect your rights and ensure the best possible outcome in your case. Don't delay! The 15-day deadline to request an ALR hearing is fast approaching.