Durham County DUI Guide

DUI Arrest in Durham County, NC: Complete Guide

Being arrested for DUI in Durham County can be a disorienting experience. The system is complex, and the "punishment" often begins long before a conviction. This guide provides a clear, step-by-step overview of what to do, focusing on the unique procedures and potential pitfalls specific to Durham County, North Carolina. It will help you navigate the immediate aftermath, understand critical deadlines, and find the local resources you need.

Immediate Steps (First 24 Hours)

After a DUI arrest in Durham County, the next 24 hours are crucial. Here's what to expect:

1. Arrest & Transport: You'll likely be arrested by either the Durham Police Department (DPD) or the Durham County Sheriff's Office (DCSO).
2. Medical Screening: You will be transported to the Durham County Detention Center (DCDC) at 219 S. Mangum Street. Before being formally booked, a nurse will assess you for any acute medical needs. High intoxication levels can trigger a refusal to admit, requiring the officer to transport you to Duke Regional Hospital for clearance, delaying booking by hours.
3. Booking: At the DCDC, you'll be processed, which includes fingerprinting, photographing, and collecting personal information.
4. Magistration: You will appear before a magistrate (a judicial official) within the facility. The magistrate will determine the conditions of your release, including setting your bail amount. Recent arrest logs indicate bonds ranging from $1,500 for standard DWI to significantly higher for repeat offenses.
5. Phone Calls: You will be allowed to make phone calls, but the timing may vary depending on the booking process. Use this opportunity to contact a family member, friend, or attorney.
6. Release: Under N.C.G.S. 15A-534.2, you cannot simply post bond and walk out. You must be released to a sober, responsible adult who assumes custody of you. If a friend arrives to pick you up but smells of marijuana or alcohol, or becomes argumentative with the lobby staff, the release will be denied. You will be returned to the holding cell until your BAC drops to 0.00, which can take 8-12 hours depending on consumption levels.
7. Shift Change Delays: The Durham County Detention Center operates on 12-hour rotating shifts. Shift changes typically occur around 6:00 AM – 7:00 AM and 6:00 PM – 7:00 PM. During these windows, the release process can be significantly delayed. If a bond is posted at 5:45 PM, the paperwork likely sits on a desk until the new shift settles in, often pushing the actual release to 8:30 PM or 9:00 PM.

Critical Deadlines

• ALR Hearing Request: You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver's license.
• Initial Court Appearance: You will receive a notice of your first court appearance date. This is a crucial date to attend.
• License Suspension: If you do not request an ALR hearing, your license will be suspended automatically after 30 days.

DUI Enforcement in Durham County

While specific checkpoint locations are not publicly advertised in advance, be aware that the Durham Police Department and the Durham County Sheriff's Office conduct sobriety checkpoints throughout the county.

Local Resources

• Durham County Detention Center: 219 S. Mangum Street, Durham, NC.
• Durham Police Department Front Desk: (919) 560-4427 (for inquiries about DPD tows).
• Durham County Sheriff's Office Property & Evidence Division: (919) 560-7368 (for inquiries about DCSO tows).
• Bail Bondsmen: Several agencies are located near the Durham County Detention Center on Mangum and Dillard Streets.
• DUI Attorneys: Consult with a qualified DUI attorney in Durham County to understand your legal options.

What Makes Durham County Different

Durham County presents some unique challenges for those arrested for DUI:

• The "Lost Vehicle" Phenomenon: The DPD and the Durham County Sheriff's Office (DCSO) maintain separate property protocols. If arrested by a Deputy Sheriff but you call the DPD number, you will be told "we have no record of your vehicle," leading to panic and delay. Inquiries about DPD tows go to (919) 560-4427. Inquiries about DCSO tows go to (919) 560-7368.
• The "Weekend Multiplier" Friction: If arrested on a Friday night and unable to post bail until Monday, expect significant storage fees at the impound lot.
• The "Cash Only" Barrier: Many tow yards operate on a cash-only basis, creating a "Catch-22" if your wallet and cards are locked inside the impounded vehicle.
• Geographic Dispersion of Tow Lots: A defendant arrested in downtown Durham may have their vehicle towed to a lot on the extreme periphery of the county.
• The "Responsible Adult" Mandate: You cannot simply post bond and walk out of jail. You must be released to a sober, responsible adult.
• Shift Change Blackout: The Durham County Detention Center operates on 12-hour rotating shifts. The shift changes typically occur around 6:00 AM – 7:00 AM and 6:00 PM – 7:00 PM.
• AWD Towing Considerations: Owners of All-Wheel Drive (AWD) vehicles should be aware that towing with a conventional wheel-lift wrecker can cause transmission damage. Request a "rollback" (flatbed) truck.

To navigate the complexities of the DUI process in Durham County, contact the Durham County Sheriff's Office Property & Evidence Division at (919) 560-7368 to confirm the location of your vehicle.