Onslow County License Hearing Guide

Your License After a DUI Arrest in Onslow County

After a DUI arrest in Onslow County, North Carolina, you face two separate legal processes: a criminal case in court and an administrative license revocation (ALR) hearing with the North Carolina Division of Motor Vehicles (DMV). This guide focuses on the ALR hearing, which determines whether your driver's license will be suspended. It is crucial to understand the deadlines and procedures involved to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This deadline is strict, and missing it will result in an automatic driver's license suspension.

To request a hearing, contact the North Carolina DMV. The DMV provides administrative hearing services related to license suspensions.

While specific instructions for requesting a hearing (online, phone, or mail) are not provided, you should contact the DMV immediately to confirm the correct procedure and ensure your request is received within the 15-day window.

If you miss the 15-day deadline, your license will be automatically suspended. There are limited exceptions to this rule, so it's vital to act quickly.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be automatically suspended pending the outcome of the hearing, depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. North Carolina law dictates this suspension. The duration of the suspension will be determined by the DMV.

You will likely receive a temporary driving permit that is valid until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Under North Carolina's implied consent law, driving on public roads means you consent to submit to a breath or blood test if a law enforcement officer has reasonable grounds to believe you are driving while impaired. Refusing to submit to a test carries a longer license suspension than failing a test.

Refusing a breath or blood test results in an immediate license suspension under North Carolina's implied consent law. The suspension period for refusing a test is typically longer than for failing a test with a BAC over 0.08.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding separate from your criminal DUI case. The sole purpose of the hearing is to determine whether the DMV is justified in suspending your driver's license based on the circumstances of your arrest.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show that it is more likely than not that you were driving while impaired.

How to Prepare

Preparing for your ALR hearing is crucial to potentially avoid a license suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, or photos.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the accuracy of the breath/blood test, or whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: The DMV upholds the license suspension, and your license remains suspended.
• Suspension Overturned: The DMV overturns the license suspension, and your license is reinstated.
• Restricted/Hardship License Granted: The DMV grants you a restricted or hardship license, allowing you to drive under specific conditions.

Hardship/Restricted License in North Carolina

Even with a suspended license, you might be eligible for a restricted or hardship license in North Carolina, allowing you to drive under specific circumstances.

Eligibility requirements for a restricted license vary depending on the reason for the suspension. Generally, you can drive for:

• Work
• School
• Medical appointments

The costs and application process for a hardship license involve filing an application with the court and paying a fee. You may be required to install an ignition interlock device (IID) in your vehicle as a condition of the restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court. The requirements for reinstating your license after a DUI conviction in North Carolina include:

• Paying reinstatement fees to the DMV.
• Providing proof of SR-22 insurance.
• Completing any required alcohol education or treatment programs.

Onslow County DMV Offices

While specific DMV office hours and phone numbers were not listed, the DMV branch closest to Onslow County is:

• Jacksonville DMV - 209 Court St, Jacksonville, NC 28546

Special Programs

• Ignition Interlock Device Program: If required, you must install an IID in your vehicle.
• Occupational License: This allows driving for work purposes under specific conditions.

Frequently Asked Questions

Q: How long will my license be suspended if I refuse the breath test in Onslow County? A: Refusing a breath or blood test results in an immediate license suspension under North Carolina's implied consent law. The exact duration depends on your driving record.

Q: Where is the Onslow County Detention Center located? A: The Onslow County Detention Center is located at 717 Court Street, Jacksonville, NC 28540.

Q: If I am active-duty military and arrested for DUI on Camp Lejeune, will my case be handled in Onslow County court? A: No. If you are arrested for DUI on Camp Lejeune, your case will be handled by a federal magistrate in the United States District Court for the Eastern District of North Carolina.