Moore County License Hearing Guide

Moore County DUI License Suspension & ALR Hearing

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.

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 Moore County 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:

• Probable Cause for the Stop: Did the officer have a legitimate reason to pull you over in the first place?

• Probable Cause for the Arrest: Did the officer have sufficient grounds to believe you were driving while impaired?

• Accuracy of the Breath/Blood Test: Was the testing equipment properly calibrated and maintained? Was the test administered correctly?

• Refusal Justification: If you refused testing, did the officer properly advise you of your rights and the consequences of refusal? Did you have a legitimate reason for refusing (e.g., a medical condition)?

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The NCDMV finds that there was sufficient evidence to support the license suspension. Your license will remain suspended for the applicable period (30 days for failing the test, one year for refusing).
• Suspension Overturned: The NCDMV finds that there was insufficient evidence to support the license suspension. Your license will be reinstated immediately.
• Restricted/Hardship License Granted: In some cases, the NCDMV may grant a restricted or hardship license, allowing you to drive under specific conditions (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege (hardship license) in North Carolina.

• Eligibility Requirements: Generally, you must show that your license suspension causes undue hardship, such as preventing you from getting to work, school, or medical appointments. There is a waiting period before you can apply, depending on the circumstances of your DUI.

• What You Can Drive For: A hardship license typically allows you to drive only for essential purposes, such as:

• To and from work

• To and from school or educational programs

• To and from medical appointments

• To and from court-ordered treatment programs

• Costs and Application Process: The application process for a hardship license involves completing a form, providing supporting documentation, and paying a fee. You will need to petition the court in the county where you reside (Moore County). Consult with a DUI attorney to understand the specific requirements and procedures.

• 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. This device requires you to provide a breath sample before starting the vehicle, preventing you from driving with alcohol in your system.

Getting Your License Back

Regardless of whether you win your ALR hearing or apply for a hardship license, you will eventually need to reinstate your full driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: The requirements for reinstating your license after a DUI conviction vary depending on the specifics of your case and the penalties imposed by the court. Generally, you will need to:

• Serve the full term of your suspension.

• Pay a reinstatement fee to the NCDMV.

• Provide proof of financial responsibility (SR-22 insurance).

• Complete any court-ordered alcohol education or treatment programs.

• Fees: The reinstatement fee varies and can be found on the NCDMV website.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that you must obtain from your insurance company. It proves to the state that you have the minimum required liability insurance coverage.

• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and the court's orders, you may be required to complete alcohol education programs, substance abuse treatment, or community service.

Moore County DMV Offices

Unfortunately, there is not a full service DMV office located directly in Moore County. The closest locations are:

• Sanford License Plate Agency: 1018 S Horner Blvd Ste 101, Sanford, NC 27330. Hours vary, check the NCDMV website for current information. This location can assist with vehicle registration and license plate renewals.
• Raeford License Plate Agency: 305 E Central Ave, Raeford, NC 28376. Hours vary, check the NCDMV website for current information. This location can assist with vehicle registration and license plate renewals.

For driver's license services, you may need to travel to a full-service DMV office in a neighboring county. Check the NCDMV website (www.ncdot.gov/dmv) for the nearest full-service location and their hours of operation.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the court may require you to install an IID in your vehicle as a condition of a hardship license or license reinstatement.

• Occupational License: (This is essentially the same as a hardship license, but the term used may vary).

A DUI arrest in Moore County can be a stressful and confusing experience. This guide provides a starting point for understanding the administrative license suspension process. Remember to act quickly to protect your driving privileges by requesting an ALR hearing within 15 days of your arrest. Consult with a qualified DUI attorney in Moore County to discuss your specific situation and explore your legal options.