Nash County License Hearing Guide

Navigating a DWI arrest in Nash County, North Carolina, involves understanding a complex interplay of legal and administrative procedures. From sobriety checkpoints to court appearances and DMV hearings, knowing the specifics can significantly impact your case. This guide provides a detailed overview of the process in Nash County.

Sobriety Checkpoints in Nash County

If you're driving near Nashville or Rocky Mount, be aware of potential sobriety checkpoints. These are governed by N.C.G.S. § 20-16.3A and must adhere to a written policy. Common locations include US 64 interchanges near Nashville and arterial routes entering Rocky Mount, such as Sunset Avenue and Wesleyan Boulevard. Officers must follow a pre-determined pattern for selecting vehicles (e.g., every third vehicle) and cannot use discretion. Recent court decisions, like State v. White (2026), emphasize that these checkpoints must primarily focus on regulatory purposes like license and insurance verification, not general crime control.

Nash County Detention Center: What to Expect After Arrest

Following a DWI arrest, you'll likely be taken to the Nash County Detention Center, located at 222 West Washington Street, Nashville, NC 27856. This facility serves as the central intake point for all law enforcement agencies in the county. The detention center has a capacity of 259 male and 36 female inmates.

The intake process includes a medical screening to assess your fitness for confinement and to identify any potential alcohol poisoning or substance withdrawal issues. If a roadside breath test wasn't administered, you'll be required to take an evidentiary breath test (Intoxilyzer EC/IR II) in the booking area. Refusal to submit to this test will result in an immediate report to the DMV, triggering administrative license revocation procedures. Your personal belongings will be cataloged and stored; you'll need to purchase necessities through the facility's commissary vendor, Kimball's Commissary Company.

Family and friends should note that personal mail must be sent to a third-party processing center: PO Box 18247, Greensboro, NC 27419. Legal mail is the only exception and can be sent directly to the detention center. Physical contact visitation is not permitted. Instead, the facility uses a video visitation system provided by iWebVisit. Remote visits cost $4.50 per 15-minute interval. Inmate funds for commissary and phone calls can be deposited via kiosks in the lobby or online through "Inmate Canteen" or "Cash Pay Today" systems.

Bond Setting and the Magistrate

Your initial release conditions are determined by a Magistrate, governed by N.C.G.S. § 15A-534. The Pretrial Integrity Act, enacted in October 2023, significantly impacts bond procedures. If you're arrested for DWI while already on pretrial release for a similar offense, the magistrate must deny release, resulting in a 48-hour hold until you can appear before a District Court Judge. This can create a "weekend bottleneck" at the detention center.

For first-time offenders, magistrates typically use a recommended bond schedule. A Written Promise to Appear may be granted for Level 5 DWI cases with no aggravating factors. An Unsecured Bond means you won't pay money upfront but are liable for the amount if you fail to appear. Secured Bonds are required for higher-risk defendants, with suggested amounts for Class H and I felonies (including Habitual DWI) ranging from $5,000 to $25,000. A magistrate may also order a sobering hold under N.C.G.S. § 15A-534.2, keeping you detained until your BAC drops below 0.05 or for 24 hours, regardless of your ability to post bond.

If a secured bond is required, bail bondsmen like Amistad Bail Bonds operate 24/7 near the Nashville courthouse. The premium is capped at 15% of the bond amount; for example, a $2,000 bond requires a non-refundable fee of $300.

Vehicle Impoundment and Towing

Your vehicle's handling is managed by private towing companies operating under a Rotation Wrecker List maintained by the NCSHP and NCSO. Companies must have a secure storage lot within Nash County, be available 24/7, and adhere to pricing caps. Providers in the Nashville/Rocky Mount area include Coastal Wrecker Service (252-977-1025), Ralph's Wrecker Service (252-442-7894), and Taylor’s Exxon (252-459-7100). Base tow rates for passenger vehicles often start around $200-$370, with labor rates for complex recoveries (winching) capped at approximately $200 per hour. Storage fees typically range from $30 to $50 per day.

Under N.C.G.S. § 20-28.3, if you're charged with DWI while your license is revoked for a prior impaired driving offense, your vehicle is subject to immediate seizure. The vehicle is towed to an impound lot and "frozen," meaning it cannot be released without a court order. An "innocent owner" can petition the Clerk of Court for release, requiring a hearing within 10 days and posting a bond equal to the vehicle's fair market value. Regardless of the outcome, the owner must pay all towing and storage fees before the vehicle is released.

Navigating District 8 Courts

Nash County is part of Judicial District 8, and court proceedings are held at the Nash County Courthouse, located at 234 West Washington Street, Nashville, NC 27856. The courthouse operates Monday through Friday, 8:00 AM to 5:00 PM. Free parking is available, but spaces are limited. A strict dress code is enforced: no shorts, tank tops, hats, flip-flops, or clothing with profane language. Cell phones and other electronic devices are generally prohibited and must be left in vehicles.

Key judicial officials include Chief District Court Judge Wayne S. Boyette and District Court Judges Pell C. Cooper, Tia Hudgins Taylor, and Caroline Farris Quinn. District Attorney Jeff Marsigli leads the 8th Prosecutorial District. The Clerk of Superior Court can be reached at 252-220-3000.

Nash County implemented eCourts (Track 8) in April 2025, transitioning to digital files via the Odyssey Integrated Case Management System. The "Portal" allows online access to case statuses, court dates, and judgments. Attorneys are now required to file motions and pleadings electronically.

DMV Administrative License Revocation

A DWI arrest triggers immediate administrative actions by the NCDMV. If your BAC is 0.08 or higher, you'll receive an immediate 30-day civil revocation, and your physical license will be seized by the magistrate. After 10 days, you can petition the court for a Limited Driving Privilege (LDP) for the remainder of the 30 days, requiring proof of insurance (DL-123), a substance abuse assessment, and an affidavit outlining your essential driving needs.

To begin the process of obtaining a Limited Driving Privilege, contact the Nash County Clerk of Court at 252-220-3000 to inquire about the specific forms and procedures required.