Johnston County License Hearing Guide

Johnston County DUI License Suspension & ALR Hearing

After a DUI arrest in Johnston County, you face two separate but related legal battles: a criminal case in court and an administrative license revocation (ALR) hearing with the North Carolina Division of Motor Vehicles (NCDMV). This guide focuses on the administrative side – specifically, how to navigate the license suspension process and fight to keep your driving privileges. Understand that even if your criminal case is dismissed, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Johnston County, you have only 15 days to request an administrative hearing to challenge the suspension of your driver's license. This is a crucial deadline. Missing it results in an automatic license suspension.

To request a hearing, you must contact the North Carolina DMV. While the specific method is not detailed in the research data, it is generally advisable to contact the NCDMV Driver License Section as soon as possible.

If you miss the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule.

Automatic License Suspension

North Carolina law mandates an immediate, temporary suspension of your driver's license under certain circumstances following a DUI arrest.

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 suspended. The temporary permit issued after the arrest remains valid until the ALR hearing outcome or the start of the suspension period, whichever comes first.

If You Refused Testing

Under North Carolina's implied consent law, N.C.G.S. 20-16.2, any person driving on a public highway has given their consent to submit to a chemical analysis to determine their BAC. Refusing to submit to a breath or blood test carries a significantly longer license suspension period than failing the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the NCDMV to determine whether your driver's license should be suspended based on the circumstances of your arrest. The burden of proof is lower than in a criminal trial. The NCDMV only needs to show that it is more likely than not that you drove while impaired.

How to Prepare

Preparing for your ALR hearing is critical. Consider the following steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Johnston County can help you navigate the ALR process, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the case, including the legality of the traffic stop, the administration of the breath/blood test, and whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The NCDMV finds sufficient evidence to support the license suspension.
• Suspension Overturned: The NCDMV finds insufficient evidence and reinstates your license.
• Restricted/Hardship License Granted: You may be eligible for a limited driving privilege, allowing you to drive for specific purposes, such as work or medical appointments.

Hardship/Restricted License in North Carolina

North Carolina law allows for a limited driving privilege (also known as a hardship license or restricted license) under certain circumstances.

• Eligibility Requirements: To be eligible, you typically need to demonstrate that your license suspension is causing undue hardship and that you need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: A restricted license will specify the permissible driving activities, such as driving to and from work, school, or medical appointments.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the court and obtaining a court order granting the limited driving privilege.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After Criminal Case Concludes

Reinstating your driver's license after your criminal case concludes involves several steps:

• Reinstatement Requirements: You must meet all requirements imposed by the court and the NCDMV, including completing any required alcohol education or treatment programs.
• Fees: You will need to pay a reinstatement fee to the NCDMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: Completing court-ordered or DMV-required classes or programs is often a prerequisite for license reinstatement.

Johnston County DMV Offices

While specific DMV office addresses and hours within Johnston County aren't detailed in the provided research data, you can locate the nearest DMV office and their contact information using the NCDMV's online office locator.

Special Programs

• Ignition Interlock Device (IID) Program: If your license is suspended due to a DUI, you may be required to install an IID in your vehicle as a condition of license reinstatement or obtaining a restricted license.
• Occupational License: An occupational license is a limited driving privilege that allows you to drive for work-related purposes only.

Frequently Asked Questions

**1. Where in Johnston County will I likely be taken for a breath test after a DUI arrest?*According to research data, in Johnston County, the primary testing facility is the Detention Center in Smithfield.

**2. If I am arrested for DUI in Johnston County on a Friday night, and the charge is coupled with domestic violence, what is the earliest I could potentially be released?*If the DWI charge is coupled with a domestic violence offense, under N.C.G.S. 15A-534.1, a Magistrate does not have the authority to set bond in domestic violence cases for the first 48 hours. Bond must be set by a District Court Judge. Therefore, you may be legally mandated to remain in the Johnston County Detention Center until Monday morning, or until 48 hours have elapsed, at which point the Magistrate regains authority.

**3. What is the "Name Number" mentioned in the research data about the Johnston County Detention Center?*Upon processing at the Johnston County Detention Center, every inmate is assigned a unique "Name Number." This identifier is printed on a wristband that must be worn 24/7. This number is the key to all logistical transactions within the jail—commissary, medical requests, and visitation.