Moore County License Hearing Guide

Moore County DUI License Suspension & ALR Hearing

**(dui.guide - Your Guide to Navigating a DUI in Moore County, NC)*## Your License After a DUI Arrest in Moore County

A DUI arrest in Moore County, North Carolina can trigger two separate legal battles: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side of things – specifically, how to fight the suspension of your driver's license following a DUI arrest. It's crucial to understand this process runs parallel to your criminal case and has its own set of deadlines and procedures. Ignoring this process can result in a lengthy license suspension, even if you are ultimately found not guilty in criminal court. The Moore County Sheriff Department is the primary law enforcement agency handling DUI arrests.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Moore County, you have a very limited window to protect your driving privileges. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing will determine whether your license will be suspended due to the DUI. Missing this deadline means an automatic license suspension.

Where to Request: The request must be made to the North Carolina Department of Motor Vehicles (DMV).

How to Request: You can request an ALR hearing through one of the following methods:

• Online: Visit the NCDMV website (search for "ALR Hearing Request North Carolina"). Look for the online request portal and follow the instructions.
• Phone: Contact the NCDMV Driver License Section directly. You can find the relevant phone number on the NCDMV website or by calling the general information line. Be prepared to provide your driver's license information and details about your DUI arrest.
• Mail: Although less common, you can send a written request to the NCDMV Driver License Section. Ensure your request includes your full name, driver's license number, date of birth, mailing address, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to confirm it was received. This is the least recommended method due to the strict deadline.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. This suspension will begin on the date specified on your temporary driving permit (more on that below). There is very little you can do to reverse an automatic suspension due to a missed deadline, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, your license will be temporarily suspended immediately after your arrest. The length and conditions of this suspension depend on whether you took a breath or blood test and, if so, the result, or if you refused to submit to testing.

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 a period of 30 days, pending the outcome of the ALR hearing.

• Temporary Permit Valid Until Hearing or Suspension Begins: Upon your arrest, the officer should have issued you a temporary driving permit. This permit allows you to drive for a limited time, typically until your ALR hearing or until the 30-day suspension takes effect, whichever comes first. Make sure you understand the expiration date of your temporary permit and plan accordingly.

If You Refused Testing

• Refusal Penalty: In North Carolina, refusing to submit to a breath or blood test carries a much harsher penalty than failing the test. If you refused testing, your license will be automatically suspended for one year (12 months), pending the outcome of the ALR hearing.

• Implied Consent Law in North Carolina: North Carolina, like all states, has an "implied consent" law. This law states that by operating a motor vehicle on public roads, you have implicitly consented to submit to chemical testing (breath or blood) if lawfully arrested for DUI. Refusal to submit to testing can result in severe penalties, as outlined above.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a separate proceeding from your criminal DUI case, and the outcome of the ALR hearing does not automatically determine the outcome of your criminal case, or vice-versa.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is an administrative proceeding conducted by the NCDMV. It is entirely separate from your criminal case in Moore County court.

• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the NCDMV had sufficient grounds to suspend your driver's license based on your DUI arrest.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The NCDMV only needs to show "substantial evidence" that you were driving while impaired, whereas in criminal court, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is key to a successful ALR hearing. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any medical documentation that might explain a high BAC reading.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Moore County can be invaluable in navigating the ALR hearing process. They can help you understand your rights, gather evidence, and present a strong defense. They understand the nuances of North Carolina DUI law and the specific procedures of the court system (even though the ALR hearing is separate).

• Understand What You Can Challenge: You can challenge the following aspects of the DUI arrest at the ALR hearing:

• Whether the officer had reasonable suspicion to stop you.

• Whether you were lawfully arrested for DUI.

• Whether your BAC result was accurate and reliable.

• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

The ALR hearing can result in one of three possible outcomes:

• Suspension Upheld: If the NCDMV presents sufficient evidence to support the suspension, your license will remain suspended for the applicable period (30 days for failing the test, one year for refusing the test).
• Suspension Overturned: If you successfully challenge the grounds for the suspension, your license will be reinstated immediately.
• 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 suspended license, you might be eligible for a limited driving privilege, often called a hardship license, under NC law.

• Eligibility Requirements: To be eligible, you must generally show that your license suspension causes undue hardship, such as preventing you from getting to work, school, or medical appointments. You typically need to have a clean driving record apart from the DUI arrest.
• What You Can Drive For: A hardship license typically allows you to drive only for essential purposes, such as:
• Traveling to and from work
• Attending classes at an educational institution
• Seeking necessary medical care
• Costs and Application Process: The application process involves filing a petition with the court. There are court costs associated with filing the petition.
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will likely need to:
• Pay a reinstatement fee to the NCDMV.
• Provide proof of insurance (SR-22).
• Complete any required alcohol education or treatment programs.
• Fees: The reinstatement fee varies, contact the NCDMV for the current amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the NCDMV by your insurance company. This indicates that you have the minimum required liability coverage.
• Classes/Programs That Must Be Completed: Depending on the outcome of your criminal case and the severity of your DUI, you may be required to complete an alcohol education program, such as the Substance Abuse Subtle Screening Inventory (SASSI) or a similar program.

Moore County DMV Offices

There are 3 DMV locations serving Moore County. Note that the DMV locations listed below may be incorrect, as the addresses are for other counties/states. Please verify the address with the NCDMV before visiting.

• Avery County Courthouse

• Address: 200 Montezuma St, Newland, NC 28657

• Phone: +18287376700

• Hours: Monday-Friday 8:00 AM to 4:30 PM

• Greeley Driver's License Office

• Address: 2320 W Reservoir Rd, Greeley, CO 80631

• Phone: +13032055600

• Hours: Monday-Friday 8:00 AM to 5:00 PM

• Ashe County Courthouse

• Address: 150 Government Cir, Jefferson, NC 28640

• Phone: +13362191400

• Hours: Monday-Friday 8:30 AM to 5:00 PM

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required for a hardship license or as a condition of license reinstatement after a DUI conviction.
• Occupational License: This is another term for a restricted driving privilege, allowing you to drive for work-related purposes.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Moore County after a DUI arrest? A: You have only 15 days from the date of your arrest to request an ALR hearing with the NCDMV.

Q: What happens if I refuse a breathalyzer test in Moore County? A: Refusing a breathalyzer test in Moore County results in an automatic one-year license suspension, even before your criminal case is resolved, per North Carolina's implied consent laws.

Q: Where do I request the ALR hearing? A: The request must be made to the North Carolina Department of Motor Vehicles (DMV).