Dare County Court Process

Dare County DUI Court Process

(Updated for 2024)

If you've been arrested for Driving Under the Influence (DUI) in Dare County, North Carolina, you're likely feeling overwhelmed and uncertain about the future. This guide is designed to provide you with a clear understanding of the court process you'll be facing, from the initial arraignment to potential trial. Understanding the steps involved can help you navigate this challenging situation and make informed decisions about your defense. This guide is not a substitute for legal advice, and we strongly recommend contacting a qualified Dare County DUI attorney as soon as possible.

Which Court Handles DUI Cases?

In Dare County, DUI cases are typically handled in the Dare County Criminal Court. This court is responsible for hearing misdemeanor and felony cases, including DUI charges.

• Court Location(s): The Dare County Courthouse is located at . Check your citation carefully to confirm the exact courtroom and address.
• Court Hours: Court hours vary, but generally, the courthouse is open Monday through Friday, from 8:30 AM to 5:00 PM. However, court sessions may occur outside of these hours. Call the court clerk to confirm.
• Finding Your Court Date: Your initial court date, called the arraignment, will be listed on the citation you received from the arresting officer. If you've misplaced your citation, you can contact the Dare County Clerk of Court at or visit their office to inquire about your upcoming court dates. You may also be able to find this information online through the North Carolina court system's online portal (if available; link to the portal when available).

The Court Process Timeline

The DUI court process in Dare County, like in most jurisdictions, follows a general timeline. Keep in mind that the specific duration of each stage can vary depending on the complexity of your case, the court's schedule, and other factors.

1. Arraignment (First Appearance)

• When it Happens: The arraignment is your first appearance in court after your DUI arrest. It typically occurs within a few weeks of your arrest, but this can vary. Check your citation carefully for the date, time, and location.

• What to Expect: At the arraignment, the judge will inform you of the charges against you, your rights (including the right to an attorney), and potential penalties if convicted. The judge may also address any pre-trial release conditions, such as travel restrictions or alcohol monitoring.

• Entering a Plea: You will be asked to enter a plea to the DUI charge. Common pleas include:

• Guilty: Admitting that you committed the offense.

• Not Guilty: Denying that you committed the offense. This plea allows you to fight the charges.

• No Contest (Nolo Contendere): Not admitting guilt, but acknowledging that the prosecution has enough evidence to convict you. This plea is treated similarly to a guilty plea for sentencing purposes but cannot be used against you in a civil lawsuit.

• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation to determine if you qualify. If approved, an attorney will be assigned to represent you. It's strongly recommended that you seek legal counsel as soon as possible.

2. Pre-Trial Hearings

• Discovery Process: During the pre-trial phase, your attorney will engage in the discovery process. This involves obtaining evidence from the prosecution, such as police reports, breathalyzer or blood test results, video footage, and witness statements. Your attorney will review this evidence to assess the strength of the prosecution's case and identify any potential weaknesses or defenses.

• Plea Negotiations: Plea negotiations are a crucial part of the pre-trial process. Your attorney will discuss the case with the prosecutor to explore potential plea agreements. This may involve negotiating for a reduced charge (e.g., reckless driving, often referred to as a "wet reckless") or a more lenient sentence.

• Typical Plea Deals in Dare County: It's difficult to predict specific plea deals without knowing the details of your case. However, factors influencing plea negotiations include your BAC level, prior criminal record, and any aggravating circumstances (e.g., an accident, injury, or child in the vehicle). A skilled Dare County DUI attorney will be familiar with local practices and can advise you on the likelihood of a favorable plea agreement.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: If you and the prosecution cannot reach a plea agreement, your case will proceed to trial. You have the right to choose between a jury trial (where a panel of citizens decides your guilt or innocence) and a bench trial (where the judge makes the decision). The decision of which to choose should be made with the advice of your attorney.

• What Prosecution Must Prove: At trial, the prosecution has the burden of proving beyond a reasonable doubt that you were driving while impaired. This typically involves presenting evidence of your BAC level, your driving behavior, and the observations of the arresting officer.

• Common Defenses: Common DUI defenses include challenging the accuracy of the breathalyzer or blood test, arguing that the officer lacked probable cause for the traffic stop, or demonstrating that your driving was not impaired.

• Typical Trial Length: DUI trials can vary in length, but they typically last from one to three days, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in Dare County, NC

North Carolina DUI laws are complex, and the penalties for a DUI conviction can vary significantly depending on the circumstances of your case. The following provides a general overview:

First Offense

• Jail time: North Carolina uses a structured sentencing system for DUI offenses. The judge will consider aggravating and mitigating factors to determine the appropriate sentence. Jail time can range from 24 hours to several months.
• Fines: Fines can range from several hundred to several thousand dollars, depending on the circumstances.
• License suspension: A first DUI offense typically results in a one-year driver's license suspension.
• Other requirements: You may be required to complete a substance abuse assessment and treatment program, perform community service, and/or install an Ignition Interlock Device (IID) in your vehicle.

Second Offense

A second DUI offense carries significantly harsher penalties, including:

• Increased jail time
• Higher fines
• Longer license suspension (potentially permanent)
• Mandatory installation of an IID

Third Offense

A third DUI offense is often charged as a felony in North Carolina, resulting in:

• Substantial prison time
• Significant fines
• Permanent revocation of your driver's license

Court Programs in Dare County

• Diversion Programs: It is important to ask your lawyer about the availability of diversion programs in Dare County. If you qualify, successful completion of the program may result in the dismissal of your DUI charge.
• Drug Court: Dare County may have a drug court program for individuals struggling with substance abuse. This program provides intensive supervision and treatment to help participants overcome their addiction.
• DUI Court: Some jurisdictions have specialized DUI courts that focus on addressing the underlying issues contributing to DUI offenses. It is worth asking your lawyer if this is an option for you.
• Community Service Opportunities: Community service is often a component of DUI sentencing. Your attorney may be able to help you identify suitable community service opportunities in Dare County.

What to Bring to Court

When attending court, it's essential to be prepared. Here's a list of items to bring:

• Photo ID: Driver's license, passport, or other government-issued photo ID.
• Court Summons: The official document notifying you of your court date and time.
• Any Documentation: Any documents relevant to your case, such as police reports, witness statements, or medical records.
• Professional Dress Code: Dress conservatively and respectfully. Avoid wearing casual clothing, such as t-shirts, shorts, or hats. Business attire is recommended.

Local Court Procedures

[Information on Dare County specific court procedures will be added here once available. This may include unique programs, specific judge preferences, or other local practices. Consult with a local attorney for the most up-to-date information.]

Disclaimer: This guide provides general information about the DUI court process in Dare County, North Carolina. It is not intended to be a substitute for legal advice. Every case is unique, and you should consult with a qualified Dare County DUI attorney to discuss the specific facts of your case and explore your legal options. DUI.Guide is not a law firm.