Cleveland County License Hearing Guide

Cleveland County DUI License Suspension & ALR Hearing

(This guide 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 Cleveland County, North Carolina, can be a frightening and confusing experience. Your immediate concern is likely your freedom and your future, but don't forget about your driving privileges! This guide provides critical information about the administrative process related to your driver's license suspension following a DUI arrest in Cleveland County.

It's crucial to understand that there are two separate legal processes at play after a DUI arrest:

1. The Criminal Case: This deals with the DUI charge itself, potential fines, jail time, and other criminal penalties.
2. The Administrative License Revocation (ALR) Process: This is handled by the North Carolina Department of Motor Vehicles (DMV) and determines whether your driver's license will be suspended.

This guide focuses on the administrative process and how to potentially save your license. Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Cleveland County, you have a very limited window of opportunity to challenge the potential suspension of your driver's license. You MUST request an Administrative Hearing within 15 days of your arrest. Missing this deadline results in an automatic license suspension.

Where to Request: The request needs to be filed with the North Carolina Department of Motor Vehicles (DMV).

How to Request: While specific online portals and phone numbers are subject to change, you can typically request an ALR hearing in North Carolina through one of the following methods:

• Online: Check the NCDMV website (search for "ALR Hearing Request" or "DUI License Suspension") for any online request forms.
• Mail: A written request needs to be sent to the correct NCDMV address, which can be found on their website. Include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an Administrative Hearing to contest the suspension of your driver's license. Use certified mail with return receipt requested to prove you sent it.
• In Person: Visiting a local NCDMV office might allow you to file the request in person, however, confirm this with them directly before going.

What happens if you miss the deadline? If you fail to request a hearing within 15 days, your license will be automatically suspended, and you will lose your chance to challenge the suspension in the administrative process. This automatic suspension will begin based on the circumstances of your arrest (explained below).

Automatic License Suspension

The grounds for an automatic license suspension in North Carolina following a DUI arrest depend on whether you submitted to a breath or blood test and the results of that test, or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended for a period determined by North Carolina law. The length of the suspension depends on factors such as prior DUI convictions. You will receive notice of the suspension from the DMV.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is typically valid until your administrative hearing or until the date the suspension begins (if you didn't request a hearing or lost the hearing), whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In North Carolina, refusing to take the test will result in a much longer license suspension than if you had taken and failed the test. The length of the suspension will be determined by North Carolina law.
• Implied Consent Law in North Carolina: By driving on North Carolina roads, you have given "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in the penalties described above.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license before the DMV.

What It Is

• Separate from Criminal Court: This hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides License Suspension: The purpose of the ALR hearing is solely to determine whether the DMV has sufficient legal grounds to suspend your driver's license.
• Lower Burden of Proof: The burden of proof for the DMV to suspend your license in an ALR hearing is lower than the burden of proof required to convict you of a DUI in criminal court. This means that even if you are ultimately found not guilty in your criminal case, your license could still be suspended through the ALR process.

How to Prepare

Proper preparation is crucial to maximizing your chances of winning your ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam footage or other video evidence
• Medical records
• Any documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A qualified DUI attorney experienced in Cleveland County can be invaluable in navigating the ALR process. They can help you:
• Understand the law
• Gather evidence
• Prepare for the hearing
• Represent you at the hearing
• Negotiate with the DMV.
• Understand What You Can Challenge: You can challenge the following aspects of the case at the ALR hearing:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly.
• Whether the BAC results were accurate.
• Whether you actually refused the test.

Possible Outcomes

• Suspension Upheld: The DMV finds sufficient evidence to justify the suspension of your license.
• Suspension Overturned: The DMV finds insufficient evidence to justify the suspension of your license. Your license is reinstated.
• Restricted/Hardship License Granted: While not a full reinstatement, the DMV may grant you a restricted or hardship license, allowing you to drive under specific circumstances (see below).

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege, also known as a hardship or restricted license, in North Carolina.

• Eligibility Requirements: Eligibility depends on the specifics of your case, including prior DUI convictions and the reason for your suspension.
• What You Can Drive For: A restricted license typically allows you to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• Costs and Application Process: There are fees associated with applying for a restricted license. You will need to complete an application and provide supporting documentation to the court. Consult with a DUI attorney for assistance with the application process.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement typically involves:
• Paying reinstatement fees to the DMV.
• Providing proof of insurance (SR-22).
• Completing any required alcohol education or treatment programs.
• Potentially retaking the driving test.
• Fees: Reinstatement fees vary and are subject to change. Check the NCDMV website for current fee information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state after certain traffic violations, including DUI. It's typically more expensive than standard auto insurance.
• Classes/Programs that must be completed: You may be required to complete a substance abuse assessment and any recommended treatment programs as a condition of reinstatement.

Cleveland County DMV Offices

Unfortunately, I do not have specific, up-to-the-minute address and hours information for Cleveland County DMV offices. To find the most accurate and current information, please visit the official North Carolina Department of Motor Vehicles (NCDMV) website and use their office locator tool.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, the IID program may be required for a restricted license or as a condition of license reinstatement.
• Occupational License: This is another term for a restricted license, allowing you to drive for work-related purposes.

Remember, a DUI arrest can have serious consequences. Seeking legal advice from a qualified attorney is highly recommended. Good luck!