Durham County DWI Court Process

Durham County DUI Court Process

Facing a DUI charge in Durham County can be overwhelming. This guide provides a clear overview of the court process, potential penalties, and local procedures to help you navigate the legal system. Understanding what to expect is the first step toward building a strong defense and achieving the best possible outcome in your case.

Which Court Handles DUI Cases?

DUI cases in Durham County are typically handled in the Durham County Criminal Court, specifically within the District Court division. The Durham County Courthouse is located at 510 South Dillard Street. Unfortunately, phone numbers and hours are unavailable.

To find your court date, you will need to consult the "Digital Docket" screens located in the lobby and outside the courtrooms in the Durham County Courthouse. DUI cases are distributed among multiple District Courtrooms, so it's important to check the screens upon arrival to confirm your assigned courtroom.

The Court Process Timeline

The DUI court process generally follows these stages:

1. Arraignment (First Appearance)

The arraignment is your first court appearance. It typically occurs within a few weeks of your arrest. At the arraignment, you'll be formally advised of the charges against you, and the court will ensure you understand your rights. You will be asked to enter a plea of guilty, not guilty, or no contest.

If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment.

2. Pre-Trial Hearings

Following the arraignment, a series of pre-trial hearings may be scheduled. These hearings serve several purposes:

• Discovery Process: The prosecution is required to share evidence with your attorney, including police reports, breathalyzer results, and witness statements. This is known as the discovery process.
• Plea Negotiations: Your attorney will engage in plea negotiations with the prosecutor to potentially reach a resolution without going to trial.
• Typical Plea Deals in Durham County: Plea deals can vary depending on the specifics of your case, your prior record, and the strength of the evidence against you. Common plea deals may involve pleading guilty to a lesser charge, such as reckless driving, in exchange for reduced penalties.

3. Trial (If No Plea Deal)

If a plea deal cannot be reached, your case will proceed to trial.

• Jury vs. Bench Trial: You have the right to a jury trial, where a panel of citizens decides your guilt or innocence. Alternatively, you can opt for a bench trial, where the judge makes the decision.
• What Prosecution Must Prove: At trial, the prosecution must prove beyond a reasonable doubt that you were driving while impaired, meaning your blood alcohol concentration (BAC) was 0.08 or higher, or that you were appreciably impaired by alcohol or another substance.
• Common Defenses: Common defenses in DUI cases include challenging the accuracy of the breathalyzer test, questioning the legality of the traffic stop, or arguing that you were not impaired.
• Typical Trial Length: DUI trials can range in length from one day to several days, depending on the complexity of the case.

Penalties for DUI in Durham County, NC

Penalties for DUI in North Carolina are outlined in Chapter 20 of the North Carolina General Statutes and vary depending on the number of prior offenses and aggravating or mitigating factors.

First Offense

• Jail Time: North Carolina law outlines a range of potential jail time, from 24 hours to several months depending on aggravating factors.
• Fines: Fines also vary based on the circumstances of the offense.
• License Suspension: A first-time DUI conviction typically results in a one-year license suspension.
• Other Requirements: You may also be required to complete a substance abuse assessment and treatment program, perform community service, and install an Ignition Interlock Device (IID) on your vehicle.

Second Offense

A second DUI offense carries significantly harsher penalties:

• Increased jail time compared to a first offense.
• Higher fines.
• A longer license suspension period than a first offense.
• Mandatory IID installation.

Third Offense

A third DUI offense is a felony under North Carolina law.

• Prison time is a strong possibility.
• Substantial fines.
• Risk of permanent license revocation.

Court Programs in Durham County

Specific court programs available in Durham County can vary. Contact the court or your attorney to inquire about diversion programs, drug court, or DUI court options.

What to Bring to Court

When attending court in Durham County, bring the following:

• Photo ID
• Court summons
• Any documentation related to your case
• Professional dress code (see below)

Local Court Procedures

The Durham County Courthouse has specific procedures to be aware of:

• Security: Be prepared for security screenings at the courthouse entrance. Expect potential delays, especially on Monday mornings due to a high volume of cases. Prohibited items include aerosol cans, pocket knives, and food/drink.
• Electronics: Cell phones are currently permitted in Durham County courtrooms, but they must be turned off completely to avoid disrupting court proceedings.
• Docket Navigation: Use the "Digital Docket" screens to find your assigned courtroom, as DUI cases are distributed among multiple courtrooms.
• Dress Code: While there's no written dress code, the expectation is professional attire ("Church Clothes" or "Job Interview" attire). Avoid shorts, tank tops, and hats. Men are generally required to tuck in their shirts.

Frequently Asked Questions

**1. What happens if I miss my court date in Durham County?*If you miss your court date, the judge may issue an Order for Arrest (OFA) and a Failure to Appear (FTA). This will result in a new arrest warrant and could double your bond amount.

**2. I was arrested late on a Friday night. When will I likely be released from the Durham County Detention Center?*Due to shift changes at the Durham County Detention Center around 6:00 AM-7:00 AM and 6:00 PM-7:00 PM, processing paperwork often halts during these times. If your bond is posted close to a shift change, expect a delay in your release.

**3. Can I pay my impound fees with a credit card in Durham County?*Many rotation tow yards in Durham operate on a "Cash Only" basis for impound releases. Be prepared with cash to avoid delays in retrieving your vehicle.

Sources

• ARTICLE IV. - TOW TRUCK AND VEHICLE STORAGE OPERATIONS | Code of Ordinances | Durham, NC | Municode Library
• Property & Evidence - Durham County Sheriff's Office
• FEE SCHEDULE OF THE CITY OF DURHAM ORDINANCE 15981
• Detention Services - Durham County Sheriff's Office
• Chapter 20 - North Carolina General Assembly