Randolph County License Hearing Guide

Randolph County DUI: Fight Your License Suspension with an ALR Hearing

If you've been arrested for Driving Under the Influence (DUI) in Randolph County, North Carolina, you face not only criminal charges but also the potential loss of your driving privileges through an Administrative License Revocation (ALR). This is a separate process from your criminal case, and it's crucial to act quickly to protect your right to drive.

CRITICAL DEADLINE: You have only 15 CALENDAR DAYS from the date of your arrest to request an ALR hearing.

This 15-day deadline is strict. Missing it means your license will be automatically suspended, regardless of the outcome of your criminal case. Don't delay! Many people mistakenly believe they have more time, but in North Carolina, it's 15 days, not 10.

How to Request Your ALR Hearing in Randolph County

You have several options for requesting your ALR hearing:

• Online: Unfortunately, North Carolina does not offer an online method for requesting an ALR hearing.
• By Mail: Send a written request to the North Carolina Division of Motor Vehicles (DMV) at the address below. Your request should include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to prove timely submission.

Address: DMV Hearing Section 3117 Mail Service Center Raleigh, NC 27699-3117

• By Phone: You can contact the DMV Hearing Section by phone to inquire about the process, but you must still submit your request in writing by mail. The phone number is not a substitute for a written request.

After You Request Your ALR Hearing

Once the DMV receives your request, here's what to expect:

1. Request Filed: The DMV will acknowledge receipt of your request.
2. Hearing Scheduled: A hearing date will be set, typically within 2-4 weeks of your request. You will receive a notice of the hearing date, time, and location.
3. The Hearing: The ALR hearing will take place.
4. Decision: The hearing officer will make a decision regarding your license suspension.

What to Expect at the ALR Hearing

The ALR hearing is an administrative proceeding, not a criminal trial. Here's what you can expect:

• Who's Present: You (the driver), your attorney (if you choose to hire one), a hearing officer (who acts as the judge), and potentially the arresting officer. The arresting officer's presence is not guaranteed, but they may appear to present evidence.
• What's Discussed: The hearing officer will consider whether there was probable cause for the traffic stop, whether you were lawfully arrested for DUI, and whether your blood alcohol concentration (BAC) was at or above the legal limit of 0.08, or if you refused to submit to a breath or blood test. The focus is on the legality of the stop and the evidence of impairment.
• How Long It Takes: ALR hearings are typically brief, often lasting less than an hour.
• Possible Outcomes: The hearing officer can either uphold the license suspension 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 an ALR hearing, it is strongly recommended.

Pros:

• An attorney can navigate the complex legal procedures and rules of evidence.
• An attorney can effectively cross-examine the arresting officer and challenge the evidence against you.
• An attorney can present a strong defense to protect your driving privileges.

Cons:

• Hiring an attorney involves legal fees.

Consider the potential consequences of losing your license and weigh the cost of legal representation against the benefits of having an experienced advocate on your side.

If You Lose Your ALR Hearing

If the hearing officer upholds the license suspension, the length of the suspension depends on the circumstances of your case:

• First Offense (BAC of 0.08 or higher): 30-day suspension, followed by potential limited driving privileges.
• Refusal to Submit to Chemical Test: One-year (365 days) suspension.
• Subsequent Offenses: Longer suspension periods, potentially permanent revocation.

Occupational Limited Driving Privilege:

Even if your license is suspended, you may be eligible for an occupational limited driving privilege, often called a hardship license. This allows you to drive for essential purposes, such as:

• Driving to and from work
• Driving for medical appointments
• Driving to school or educational programs

To apply for an occupational limited driving privilege, you must file a petition with the Randolph County Clerk of Superior Court. The petition must include specific information about your need to drive and your driving record. There is a filing fee associated with the petition.

Randolph County DMV Office Location

While you will mail your ALR hearing request to Raleigh, you may need to visit the local DMV office for other driver's license matters.

Address: 115 E Academy St, Asheboro, NC 27203

Phone: (336) 629-1441

Hours: Check the NCDMV website for current hours of operation.