Cumberland County License Hearing Guide

Cumberland County DWI: Don't Miss the 15-Day Deadline to Save Your License!

If you've been arrested for DWI in Cumberland County, North Carolina, you face not only criminal charges but also an administrative license revocation (ALR) process. You have only 15 calendar days from the date of your arrest to request an ALR hearing. This is a critical deadline. Missing it means your driver's license will be automatically suspended. Don't delay – act immediately to protect your driving privileges. Many people mistakenly believe they have only 10 days, but the correct deadline is 15 days.

How to Request Your ALR Hearing in Cumberland County

Unfortunately, there is no online method to request an ALR hearing in North Carolina. You must request your hearing by mail.

By Mail:

The only way to properly request your ALR hearing is by mailing your request and the required fee to the NCDMV Administrative Support Unit in Raleigh. Do NOT attempt to drop off your request at the Fayetteville South Driver License Office on Gillespie Street. They will not accept it.

• Mailing Address: NCDMV Administrative Support Unit 3118 Mail Service Center Raleigh, NC 27699-3118

• What to Include: Your written request for an ALR hearing and the appropriate fee. The fee is $450.00 if your license was revoked for refusing a breath or blood test, or $100.00 for a general restoration. The fee must be paid by check or money order.

After You Request Your ALR Hearing

Once you've mailed your request and fee, here's what you can expect:

• Request Filed: The NCDMV receives and processes your request.
• Hearing Scheduled: You'll receive a "Notice of Hearing" letter from the NCDMV, typically within 2-4 weeks of your request being filed. This letter will specify the date, time, and location of your hearing. Importantly, the letter will also state whether the hearing will be held in person at the Fayetteville South Driver License Office (2439 Gillespie Street, Fayetteville, NC 28306) or virtually via Microsoft Teams or telephone.
• Hearing: The hearing takes place.
• Decision: The Hearing Officer will make a decision regarding your license suspension.

What to Expect at the ALR Hearing

The ALR hearing is an administrative proceeding, separate from your criminal DWI case. Here's what you can expect:

• Who's Present: You (the driver), your attorney (optional but recommended), an NCDMV Hearing Officer (the judge), and potentially the arresting officer (though they may not always appear).
• What's Discussed: The Hearing Officer will review the evidence to determine if there was probable cause for the traffic stop and arrest, and whether proper procedures were followed during the DWI investigation. This includes whether you were properly advised of your rights regarding breath or blood testing. If you refused the breath or blood test, the hearing will focus on whether that refusal was willful.
• How Long It Takes: ALR hearings typically last between 30 minutes and an hour.
• Possible Outcomes: The Hearing Officer can either uphold the license suspension or reinstate your driving privileges.

Should You Hire an Attorney for Your ALR Hearing?

While you are not required to have an attorney at your ALR hearing, it is highly recommended.

• Pros: An attorney can help you navigate the complex legal procedures, gather evidence (like police reports and body cam footage, which you must obtain yourself), and present a strong defense. They can also cross-examine the arresting officer and challenge the evidence against you. Obtaining body cam footage from the Fayetteville Police Department requires filing a Petition for Release of Custodial Law Enforcement Agency Recording in Cumberland County Superior Court, which involves civil filing fees (approximately $200).
• Cons: Hiring an attorney involves legal fees.

Ultimately, the decision of whether to hire an attorney is a personal one. However, given the potential consequences of a license suspension, it is often a worthwhile investment.

If You Lose Your ALR Hearing

If the Hearing Officer upholds the license suspension, the length of the suspension depends on the circumstances of your case:

• First Offense DWI: One-year suspension.
• Refusal to Submit to Chemical Test: One-year suspension (separate from any suspension for a DWI conviction).
• Multiple DWI Offenses: Longer suspension periods may apply.

Occupational License (Limited Driving Privilege):

Even if you lose your ALR hearing, you may be eligible for a Limited Driving Privilege (LDP), also known as a hardship license. This allows you to drive for essential purposes, such as work, school, and medical appointments.

• How to Apply: You must file a petition with the Cumberland County Clerk of Court. You will need to provide proof of insurance (DL-123 form), a substance abuse assessment, a certified driving record from the NCDMV ($14 online), and a signed Petition & Order (AOC-CV-350). The filing fee is $100.00. Remember, there is a mandatory 10-day waiting period after your DWI arrest before you can apply for a Limited Driving Privilege.
• Cost: The filing fee for the petition is $100.00.
• Restrictions: If granted, your LDP may have restrictions on the times and locations you can drive. Standard hours (6 AM - 8 PM, Mon-Fri) generally do not require a logbook. However, if you are granted driving privileges outside standard hours, the court order will list specific routes and times, and you may need to carry a letter from your employer verifying your hours.

Fayetteville South Driver License Office Location

Remember, while the ALR hearing may be held here, you must mail your hearing request to Raleigh.

Fayetteville South Driver License Office 2439 Gillespie Street Fayetteville, NC 28306 Phone: (910) 486-1353 Hours: Monday – Friday: 7:00 AM – 5:00 PM.