Pasquotank County Court Process

Navigating a DWI Charge in Pasquotank County: A Local Guide

If you've been arrested for Driving While Impaired (DWI) in Pasquotank County, North Carolina, understanding the local court system and procedures is crucial. Unlike larger metropolitan areas, Pasquotank operates within the First Judicial District, serving as a regional hub for the Albemarle area. This guide provides a detailed overview of what to expect, from the initial arrest to license restoration.

Understanding the Pasquotank County Landscape

Pasquotank County, with its county seat in Elizabeth City, presents unique challenges and opportunities for DWI defendants. With a population of approximately 41,894, the racial demographics (55.05% White, 34.68% Black or African American) mean jury pools are diverse, requiring culturally sensitive legal strategies. Economically, the median household income is around $35,695, indicating that many defendants may qualify for court-appointed counsel due to indigency. This also means the financial burdens of a DWI conviction – towing fees, court costs, fines, assessment fees ($100), ADETS fees ($160), and restoration fees – can be particularly devastating.

The Arrest and Initial Steps

DWI enforcement in Pasquotank County is primarily handled by the Elizabeth City Police Department (ECPD), the Pasquotank County Sheriff's Office (PCSO), and the North Carolina State Highway Patrol (NCSHP), especially along US Highway 17 and US Highway 158. If your arrest stemmed from a sobriety checkpoint, demand the Written Policy and Checking Station Plan from the arresting agency. This is crucial for challenging the legality of the checkpoint.

Upon arrest, your driver's license will be civilly revoked for 30 days if your Blood Alcohol Content (BAC) is .08 or higher. You have only 10 days to request a hearing to challenge this revocation at the Pasquotank Clerk of Court, but these hearings rarely succeed without significant paperwork errors.

Securing Your Vehicle and Avoiding Mounting Fees

A critical first step is retrieving your vehicle from the towing company. Act fast! Storage fees at rotation wrecker lots like Hudson & Son or Pro Tow can quickly accumulate, costing approximately $40-$60 per day, and there are no municipal caps on these fees. Ensure you have the Release Order (if applicable) and sufficient cash to cover the towing and storage charges. Delaying this step can lead to a significant financial burden.

Obtaining a Limited Driving Privilege (LDP)

After 10 days of the civil revocation, you can apply for a Pre-Trial Limited Driving Privilege (LDP) to drive for work or school. File this with the Clerk of Superior Court at the Pasquotank County Courthouse. You'll need the following:

• DL-123 Form: Proof of liability insurance (valid for 30 days).
• Substance Abuse Assessment: Proof of enrollment or completion (DA-2000 form).
• Certified Driving Record: Obtainable from the Elizabeth City DMV. Be prepared for long wait times or consider ordering online.
• $100 Fee: Payable to the Clerk of Court.

Substance Abuse Assessment and ADETS

A Substance Abuse Assessment is a mandatory part of any DWI resolution in North Carolina, including obtaining an LDP. In Pasquotank County, Northeastern Professional Counseling (NPC) is the primary provider.

• Provider: Northeastern Professional Counseling (Anna Coker, LCAS)
• Address: 1250 North Road Street, Elizabeth City, NC 27909
• Phone: (252) 333-4569
• Assessment Fee: $100 (Statewide standard)
• ADETS Fee: $160 (if you qualify for the education-only tier)

Schedule your assessment with NPC as soon as possible, as slots can be limited. Completing this assessment is essential for obtaining your LDP.

Ignition Interlock and SCRAM Devices

If convicted with a BAC of 0.15 or higher, an Ignition Interlock Device (IID) will be mandatory. For high-risk pre-trial release, a SCRAM (alcohol ankle monitor) may be required. Several IID installers are located on Interpath Parkway in Elizabeth City:

• Smart Start: 410 Interpath Pkwy, Unit I, Elizabeth City. (252) 679-3435
• LifeSafer: 410 Interpath Pkwy, Suite E, Elizabeth City. (800) 521-4246
• Intoxalock: 1008 Halstead Blvd, Suite E, Elizabeth City. (252) 709-1090

For SCRAM devices, contact Tarheel Monitoring, LLC, the regional authorized partner. Daily monitoring fees typically range from $10 to $15 per day, plus installation fees.

License Restoration

After fulfilling all court requirements, you'll need to restore your driving privileges at the Elizabeth City DMV. Be prepared for potentially long wait times. The office is located at 901 Halstead Blvd. and accepts walk-ins primarily in the afternoon (12:00 PM – 5:00 PM). Call (252) 338-3141 to confirm hours and requirements.