Washington County License Hearing Guide

Washington County DUI License Suspension & ALR Hearing

Your driver's license is on the line! If you've just been arrested for a DUI (Driving Under the Influence) in Washington County, North Carolina, understanding the license suspension process is crucial. This guide provides immediate, practical guidance on navigating the Administrative License Revocation (ALR) hearing and fighting to keep your driving privileges. Remember, you have a very limited time to act.

Your License After a DUI Arrest in Washington County

Being arrested for a DUI in Washington County triggers two separate legal processes: a criminal case and an administrative case. The criminal case deals with the DUI charges themselves, potentially resulting in fines, jail time, and a criminal record. The administrative case, handled by the North Carolina Division of Motor Vehicles (DMV), focuses solely on your driving privileges. This means your license can be suspended even if you are ultimately found not guilty in criminal court. This guide focuses exclusively on the administrative process and your license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You only have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic license suspension. This is not an exaggeration - failing to act within 15 days will almost certainly result in the loss of your driving privileges.

Where to Request: The request must be made to the North Carolina Division of Motor Vehicles (DMV).

How to Request: While the exact procedure can vary, you will typically need to submit a written request to the DMV. Check the paperwork provided by the arresting officer for specific instructions. Contact the DMV directly for the most up-to-date information and forms. Consider consulting with a DUI attorney; they can handle this request on your behalf, ensuring it's done correctly and on time.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

Even if you request a hearing, your license will be subject to an immediate, temporary suspension. The length and conditions of this suspension depend on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, you will face an automatic suspension. The length of this suspension will be determined based on North Carolina law and any prior DUI convictions.

• Temporary Permit: You likely received a temporary driving permit valid for a limited time, usually until your ALR hearing or the start of the suspension, whichever comes first. Pay close attention to the expiration date of this permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. North Carolina, like most states, has an implied consent law.

• Implied Consent Law in North Carolina: By driving on North Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to do so will result in a longer license suspension than if you had taken and failed the test. This suspension is often for a year or more.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It is an administrative hearing conducted by the DMV to determine if your license should be suspended due to your DUI arrest.

• Separate from Criminal Court: The outcome of your ALR hearing does not determine the outcome of your criminal case, and vice versa.

• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented to determine if there was probable cause for your arrest and whether your BAC was above the legal limit (or if you refused testing).

• Lower Burden of Proof Than Criminal Trial: 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 under the influence, whereas in a criminal trial, the prosecution must prove your guilt beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Gather any evidence that supports your case. This might include witness statements, video footage (from dashcams or other sources), or any other information that could challenge the basis for your arrest or the accuracy of the BAC test.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Washington County can be invaluable. They understand the ALR process, can gather and present evidence effectively, and can represent you at the hearing. An attorney can also advise you on your best course of action.

• Understand What You Can Challenge: You can challenge various aspects of the case against you, including:

• Whether the officer had probable cause to stop you.

• Whether you were properly advised of your rights regarding chemical testing.

• The accuracy of the breath or blood test equipment.

• The procedures followed during the test administration.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.

• Suspension Overturned: The hearing officer finds that the evidence is insufficient to support the suspension, and your license is reinstated (or never suspended).

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in North Carolina

If your license is suspended, you may be eligible for a limited driving privilege (also known as a hardship license) in North Carolina.

• Eligibility Requirements: Eligibility depends on the specifics of your case, including whether you refused testing, your prior driving record, and the reason for your suspension. Generally, you must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments.

• What You Can Drive For: Restricted licenses typically specify the times, routes, and purposes for which you are allowed to drive.

• Costs and Application Process: Applying for a limited driving privilege involves filing a petition with the court and paying applicable fees. You will need to provide documentation supporting your need to drive.

• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license. An IID requires you to blow into a device before starting your car to ensure you have not consumed alcohol.

Getting Your License Back

After the suspension period, you will need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary but typically include paying reinstatement fees, providing proof of insurance, and completing any required DUI education or treatment programs.

• Fees: Be prepared to pay reinstatement fees to the DMV.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility demonstrating that you have the minimum required insurance coverage.

• Classes/Programs That Must Be Completed: Completing a DUI education or treatment program is often a condition of license reinstatement.

Washington County DMV Offices

Unfortunately, information on specific DMV offices in Washington County is currently unavailable. Please check the North Carolina DMV website (www.ncdot.gov/dmv) for the most up-to-date information on locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the Ignition Interlock Device (IID) program requires you to install a device in your vehicle that prevents it from starting if you have alcohol in your system. This may be a condition of a restricted license or full license reinstatement.

• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes only.

Disclaimer: This guide provides general information and is not a substitute for legal advice. If you have been arrested for a DUI in Washington County, North Carolina, you should consult with an experienced DUI attorney as soon as possible to protect your rights. Time is of the essence!