Durham County License Hearing Guide

Durham County DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Durham County can trigger two separate legal processes: a criminal case in court, and an administrative action by the North Carolina Division of Motor Vehicles (NCDMV) concerning your driver's license. This guide focuses on the administrative side – specifically, the potential suspension of your license and the Administrative License Revocation (ALR) hearing process. Understanding these procedures and deadlines is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Durham County, you have a very limited time to act to protect your driver's license. Under North Carolina law, you must request an ALR hearing within 15 days of the date of your arrest. This is a strict deadline. Missing it will result in an automatic license suspension.

• Where to Request: You must request the hearing from the NCDMV.

• How to Request: The exact procedure for requesting an ALR hearing is available from the NCDMV.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so it's imperative to act quickly.

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, the NCDMV can suspend your license administratively based on the circumstances of your arrest. The grounds for suspension depend on whether you submitted to chemical testing (breath or blood) and, if so, the results.

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 subject to immediate suspension under North Carolina law. The arresting officer should have provided you with a temporary driving permit, which is valid for a limited time, typically until your ALR hearing or the start of the suspension period.

If You Refused Testing

Refusing to submit to a breath or blood test carries even more severe consequences under North Carolina's implied consent law. By driving on North Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing results in an immediate license revocation. Refusal carries a longer suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding separate from your criminal DUI case. It takes place before an NCDMV hearing officer, not a judge. The purpose of the hearing is to determine whether the NCDMV had sufficient grounds to suspend your license. The burden of proof is lower than in criminal court. The NCDMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of avoiding a license suspension. You should:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can help you understand the process, gather evidence, and present a strong defense.
• Understand What You Can Challenge: At the ALR hearing, you can challenge the following: (1) whether the officer had reasonable grounds to believe you committed a DWI offense; (2) whether you were properly notified of your rights; and (3) whether the BAC test result was 0.08 or higher, or whether you refused to submit to testing.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the hearing officer finds that the NCDMV had sufficient grounds for the suspension, your license will remain suspended.
• Suspension Overturned: If the hearing officer finds that the NCDMV did not meet its burden of proof, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., to and from work or school).

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. This allows you to drive for essential purposes, such as:

• Work
• School
• Medical appointments
• Community service

Eligibility requirements for an LDP vary depending on the circumstances of your case. Generally, you must:

• Have a valid North Carolina driver's license at the time of the offense.
• Not have had your license suspended in the past seven years.
• Complete a substance abuse assessment.
• Obtain proof of insurance.

The application process for an LDP involves filing a petition with the court and providing supporting documentation. There are fees associated with the application. Depending on the specifics of your case, an Ignition Interlock Device (IID) may be required as a condition of the LDP.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing and avoid the initial administrative suspension, a conviction in criminal court for DUI will result in a further license suspension. The length of the suspension varies depending on the specifics of your case and any prior DUI convictions.

To reinstate your license after the criminal case concludes, you must:

• Pay a reinstatement fee to the NCDMV.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any required classes or programs, such as a substance abuse education program.

Durham County DMV Offices

*Unfortunately, specific contact information for Durham County DMV offices is not available at this time.## Special Programs

• Ignition Interlock Device Program: As noted above, an IID may be required as a condition of a Limited Driving Privilege or license reinstatement following a DUI conviction. The device requires you to blow into a breathalyzer before starting your vehicle.
• Occupational License: In some cases, individuals whose licenses have been suspended may be eligible for an occupational license, which allows them to drive for work-related purposes.

The process of navigating a DUI charge and license suspension in Durham County can be complex and confusing. Seeking legal advice from a qualified DUI attorney is highly recommended to protect your rights and driving privileges.

Frequently Asked Questions

**Q: I was arrested late on a Friday night in Durham County. How will this affect getting my car back?*A: Being arrested on a Friday night can significantly delay your vehicle's release. Towing fees in Durham are capped by city ordinance, but storage fees accrue daily. If you can't post bail until Monday, you'll incur storage fees for Saturday, Sunday, and Monday. Furthermore, many Durham tow yards operate on a "Cash Only" basis, potentially creating a "Catch-22" if your wallet is locked inside the impounded vehicle. Contact the Durham Police Department at (919) 560-4427 for DPD tows, or the Durham County Sheriff's Office Property & Evidence Division at (919) 560-7368 for DCSO tows.

**Q: I was released from the Durham County Detention Center, but the jail staff said I needed a "responsible adult" to take custody of me. What does this mean?*A: Under N.C.G.S. 15A-534.2, a defendant charged with impaired driving cannot simply post bond and leave. They must be released to a sober, responsible adult. If the person picking you up appears impaired or argumentative, your release will be denied, and you'll be held until your BAC is 0.00, which can take 8-12 hours.

**Q: I have to go to court at the Durham County Courthouse. What should I expect?*A: The Durham County Courthouse is located at 510 South Dillard Street. Be prepared for security lines, especially on Monday mornings. Cell phones are permitted, but must be turned off completely. DUI cases are typically heard in District Court, but the exact courtroom varies, so check the "Digital Docket" screens in the lobby. Dress in "Church Clothes" or "Job Interview" attire – no shorts, tank tops, or hats.