Craven County License Hearing Guide

Craven County DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Craven County can trigger two separate legal processes: a criminal case in court and an administrative license suspension handled by the North Carolina Division of Motor Vehicles (DMV). This guide focuses on the administrative side, specifically the license suspension and your right to an Administrative License Revocation (ALR) hearing. It is crucial to understand these procedures to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 10 Days

If your driver's license was seized due to a DUI arrest in Craven County, you have a very limited window to act. You must request an ALR hearing within TEN (10) days from the date you were served with the revocation order. This deadline is strictly enforced.

To request a hearing, you must formally mail a request with a $450 hearing fee. Failure to do so will result in the revocation becoming permanent for the year.

What happens if you miss the deadline? Your license suspension will automatically go into effect, and you will lose your opportunity to challenge it administratively.

Automatic License Suspension

Even before your criminal case goes to court, the DMV can suspend your license based solely on the circumstances of your arrest. The grounds for this automatic suspension depend on whether you took a breath or blood test and the results, or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended under North Carolina law. The Craven County Magistrate issues a Civil Revocation Order (Form AOC-CVR-1A). The license is seized and held by the Clerk of Court for 30 days. To get the license back after 30 days, the defendant must go to the Clerk’s office (302 Broad St), pay a $100 civil revocation fee.

If You Refused Testing

Under North Carolina's implied consent law, N.C.G.S. § 20-16.2, by driving on public roads, you have implicitly agreed to submit to a chemical test if lawfully requested by a law enforcement officer. Refusing to submit to a breath, blood, or urine test carries a longer license suspension than failing the test.

If you refused the chemical test, the DMV notifies you of a pending 1-year revocation. You have exactly 10 days from the date of the notification letter to request a hearing. Failure to do so results in the revocation becoming permanent for the year.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by a DMV hearing officer and determines whether your license suspension is warranted based on the evidence presented.

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.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of getting your license back. Here are some steps you can take:

• Gather evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider hiring a DUI attorney: A DUI attorney can help you understand the law, gather evidence, and represent you at the hearing. They can challenge the evidence presented by the DMV and argue on your behalf.
• Understand what you can challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and whether the officer had probable cause to believe you were driving while impaired.

Possible Outcomes

The hearing officer will make a decision based on the evidence presented at the hearing. Possible outcomes include:

• Suspension upheld: The hearing officer finds that the DMV has proven its case, and your license suspension remains in effect.
• Suspension overturned: The hearing officer finds that the DMV has not proven its case, and your license is reinstated.
• Restricted/hardship license granted: The hearing officer may grant you a restricted license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege (LDP) in North Carolina.

For the first 10 days, there are no driving privileges (hard suspension). After 10 days, a driver may petition for a Pretrial LDP. Requirements:

• A petition filed with the Clerk.
• A filing fee of $100.
• A substance abuse assessment (DL-122).
• Proof of insurance (DL-123 form).
• A judge's signature.

This requires coordination between the defense attorney, the insurance agent, the assessment provider, and the Clerk’s office. It is a document-heavy process that often takes several days to finalize.

Getting Your License Back

The requirements for getting your license back after a DUI in North Carolina depend on the outcome of your criminal case and the length of your suspension.

After Criminal Case Concludes

Regardless of the outcome of the ALR hearing, you must also address the criminal charges against you. Even if your license suspension was overturned at the ALR hearing, a conviction in criminal court will result in a separate license suspension.

Reinstatement requirements may include:

• Paying reinstatement fees.
• Filing proof of SR-22 insurance with the DMV.
• Completing any required alcohol education or treatment programs.

Craven County DMV Offices

Craven County is served by two primary Driver License offices for license restoration and ID services (note: they do not handle vehicle registration/plates, which are License Plate Agencies).

New Bern Driver License Office: Address: 1001 Downey Drive, New Bern, NC 28562 (Located near the intersection of Hwy 43/55).

• Hours: Monday-Friday, 8:00 AM - 5:00 PM.
• Road tests are cut off at 4:00 PM. Appointments are highly recommended due to high volume.

Havelock Driver License Office: Address: 300 Miller Blvd, Havelock, NC 28532.

• Hours: Monday-Friday, 7:00 AM - 5:00 PM.

Special Programs

• Ignition Interlock Device (IID) Program: For BACs of 0.15 or higher, or for repeat offenders, an Ignition Interlock Device (breathalyzer connected to the ignition) is mandatory for license restoration.
• Adult Treatment Court: Craven County operates an Adult Recovery Court (often referred to as Drug Treatment Court or DWI Treatment Court). This specialized docket targets repeat offenders who have a substance use, mental health, or co-occurring disorder.

Frequently Asked Questions

**1. Where do I file the paperwork for a Limited Driving Privilege in Craven County?*You must file your petition for a Limited Driving Privilege with the Clerk of Superior Court at 302 Broad Street, New Bern, NC 28560.

**2. How long will the Craven County Clerk of Court hold my license if it was seized after a DUI arrest?*The license is seized and held by the Clerk of Court for 30 days. To get the license back after 30 days, the defendant must go to the Clerk’s office and pay a $100 civil revocation fee.

**3. If I refuse the breathalyzer, how long do I have to request a DMV hearing in Craven County?*You have exactly 10 days from the date of the notification letter to request a hearing. Failure to do so results in the revocation becoming permanent for the year.