Jones County License Hearing Guide

Jones County DUI License Suspension & ALR Hearing

A DUI arrest in Jones County, North Carolina, can be a frightening experience. Beyond the potential criminal charges, you also face the immediate threat of losing your driver's license. It's crucial to understand that your license suspension is handled through a separate administrative process by the North Carolina Division of Motor Vehicles (DMV), distinct from your criminal court case. This guide provides immediate, practical information to help you navigate the administrative license suspension process and potentially save your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Jones County, you have a very limited time to act to protect your license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing is your opportunity to challenge the suspension of your driver's license before it automatically goes into effect.

Where to Request: You request the ALR hearing through the North Carolina Division of Motor Vehicles (DMV).

How to Request: Unfortunately, North Carolina does not offer online or phone options for requesting an ALR hearing. The request must be made in writing and mailed to the address provided on the revocation order you received at the time of your arrest. A typical address to send this to would be:

North Carolina Division of Motor Vehicles Driver License Section 3148 Mail Service Center Raleigh, NC 27697-3148

What to Include in Your Request:

• Your full name
• Your driver's license number
• Your date of birth
• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license.
• The date of your DUI arrest.
• Your signature.
• A copy of your temporary driving permit (if you received one).

Important: Send your request via certified mail with return receipt requested. This provides proof that the DMV received your request within the 15-day deadline. Keep the receipt and a copy of your request for your records.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. This suspension begins on the 46th day after your arrest. Missing this deadline severely limits your options for maintaining your driving privileges.

Automatic License Suspension

Your license is subject to automatic suspension based on the circumstances of your DUI arrest:

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for 30 days, pending the outcome of the ALR hearing. If the ALR hearing results in an upheld suspension, the suspension will continue.
• Temporary Permit Valid Until Hearing or Suspension Begins: You likely received a temporary driving permit at the time of your arrest. This permit typically allows you to drive for 45 days, giving you time to request the ALR hearing and prepare for it. The temporary permit becomes invalid if you fail to request a hearing within 15 days, or if the ALR hearing results in a suspension.

If You Refused Testing

• Refusal Penalty: North Carolina, like most states, imposes a stricter penalty for refusing to submit to a breath or blood test. If you refused testing, your license will be automatically suspended for one year.
• Implied Consent Law in North Carolina: North Carolina operates under an implied consent law. This means that by driving on North Carolina roads, you have implicitly consented to submit to a chemical test if lawfully requested by a law enforcement officer. Refusal to submit to testing carries significant consequences.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a civil proceeding conducted by the DMV to determine whether your driver's license should be suspended. It is entirely separate from your criminal DUI case. The ALR hearing focuses on whether the officer had reasonable grounds to believe you were driving while impaired and whether your BAC was above the legal limit (if you took the test) or whether you refused to submit to testing.

• Separate from Criminal Court: Regardless of the outcome of your criminal DUI case, the DMV can suspend your license based on the ALR hearing.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence and determine if the state has met its burden of proving the necessary elements for suspension.
• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is justified. This is a much lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any other relevant information that challenges the officer's basis for the stop or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in North Carolina law can significantly increase your chances of a favorable outcome at the ALR hearing. An attorney can help you gather evidence, prepare your case, and represent you at the hearing. They understand the legal nuances and can effectively argue on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding chemical testing.
• The accuracy and reliability of the breath or blood test results.
• Whether you actually refused to submit to testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the state has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the state has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in North Carolina

Even with a suspension, you may be able to obtain a limited driving privilege in North Carolina.

• Eligibility Requirements: Eligibility for a hardship license varies depending on the circumstances of your DUI arrest and prior record. Generally, you must demonstrate a genuine need to drive for essential purposes.
• What You Can Drive For: A hardship license typically allows you to drive to and from work, school, medical appointments, and court-ordered treatment programs.
• Costs and Application Process: The application process for a hardship license involves completing an application, providing supporting documentation, and paying a fee. Contact the Jones County Clerk of Court for specific details and requirements.
• IID Requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

After Criminal Case Concludes

Even if you successfully navigate the ALR hearing, you will still need to address your criminal case. The outcome of the criminal case can affect the length of your license suspension and other penalties.

• Reinstatement Requirements: After your suspension period ends, you must meet certain requirements to reinstate your license, including paying reinstatement fees.
• Fees: Reinstatement fees vary and must be paid to the DMV.
• 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: The court may order you to complete alcohol education programs or substance abuse treatment as part of your sentence. Completion of these programs is often required before your license can be reinstated.

Jones County DMV Offices

Unfortunately, Jones County itself does not have a full-service DMV office. The closest DMV locations are:

• Trenton License Plate Agency: 101 W. Market St, Trenton, NC 28585 (This agency handles vehicle registration and license plate renewals but offers limited driver's license services. Call to confirm services.)
• Kinston DMV Office: 100 Airport Rd, Kinston, NC 28504 (This is the closest full-service DMV offering driver's license services.)

It is highly recommended to call the Kinston DMV to confirm hours of operation and available services before visiting. You can find the most up-to-date information on the North Carolina DMV website.

Special Programs

• Ignition Interlock Device Program: The North Carolina IID program requires drivers convicted of certain DUI offenses to install a breath-alcohol ignition interlock device in their vehicles. This device prevents the vehicle from starting if the driver's BAC is above a pre-set limit.
• Occupational License: This is essentially the same as a hardship license, allowing you to drive for work, school, and medical reasons.

This guide provides a general overview of the DUI license suspension process in Jones County, North Carolina. Due to the complex nature of DUI law, it's highly recommended to consult with a qualified DUI attorney to discuss your specific situation and explore all available options for protecting your driving privileges. Time is of the essence, so act quickly to protect your rights.