New Hanover County License Hearing Guide

You Have 15 Days to Request an ALR Hearing in New Hanover County!

CRITICAL DEADLINE: If you were arrested for DWI (Driving While Impaired) in New Hanover County, North Carolina, you have a very limited time to protect your driving privileges. You have only 15 CALENDAR DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This is not 10 days, as many people mistakenly believe. Missing this deadline will result in an automatic suspension of your driver's license. Don't delay!

How to Request Your ALR Hearing

You have three options for requesting your ALR hearing. It is highly recommended you act quickly to ensure your request is received within the 15-day deadline.

• Online: (If a specific URL for online requests is available, insert it here. Otherwise, state that online requests are not currently available and to use one of the other methods.)
• By Mail: You can request your hearing by mail. Send a written request including your full name, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing related to your recent DWI arrest. Mail your request to: . It is recommended to send your request via certified mail with return receipt requested to confirm it was received.
• By Phone: You can also request your hearing by calling . Phone lines are typically open during regular business hours. . Be prepared to provide the same information as you would in a written request.

After You Request Your Hearing

Once you've filed your request for an ALR hearing, here's what you can expect:

1. Request Filed: Your request is received and processed.
2. Hearing Scheduled: A hearing date will be scheduled, typically within 2-4 weeks of your request being filed. You will receive a notice of the hearing date and time by mail.
3. Hearing: The ALR hearing will take place.
4. Decision: A decision will be made regarding the suspension of your driver's license. You will be notified of the decision in writing.

What to Expect at the ALR Hearing

The ALR hearing is a civil proceeding separate from your criminal DWI case. Here's what you can expect:

• Who's Present: You (the driver), your attorney (optional, but highly recommended), an ALR hearing officer (judge), and potentially the arresting officer.
• What's Discussed: The hearing officer will review the evidence to determine if there was probable cause for the traffic stop and arrest, and whether proper procedures were followed during the DWI investigation. This includes whether you were properly advised of your rights and whether the breath or blood test was administered correctly.
• How Long it Takes: ALR hearings typically last between 30 minutes and an hour.
• Possible Outcomes: The hearing officer can either uphold the suspension of your driver's license or reinstate your driving privileges.

Should You Hire an Attorney for Your ALR Hearing?

While you are not required to have an attorney represent you at your ALR hearing, it is strongly recommended.

Pros:

• An attorney understands the legal procedures and can effectively challenge the evidence presented against you.
• An attorney can cross-examine the arresting officer and identify any weaknesses in the state's case.
• An attorney can present evidence on your behalf to support your case.
• Winning the ALR hearing can significantly impact your criminal DWI case.

Cons:

• Attorney fees can be an added expense.

However, the potential benefits of having legal representation often outweigh the costs, especially given the importance of maintaining your driving privileges. Remember, you only have 15 days to request a hearing, so contacting an attorney quickly is crucial.

If You Lose Your ALR Hearing

If the hearing officer upholds the suspension of your driver's license, the length of the suspension will depend on the circumstances of your case:

• First DWI Offense: Typically a 30-day suspension if your BAC was .08 or higher, or if you refused to submit to a breath or blood test.
• Subsequent DWI Offenses: Longer suspension periods apply for repeat offenders.

Occupational License:

Even if your license is suspended, you may be eligible for a limited driving privilege known as an occupational license. This license allows you to drive to and from work, school, medical appointments, and other essential locations. To apply for an occupational license, you will need to file a petition with the court in the county where you reside. The cost of applying for an occupational license varies by county.

DPS Office Location in New Hanover County