Wayne County License Hearing Guide

Your License After a DUI Arrest in Wayne County

After a DUI arrest in Wayne County, North Carolina, you face two separate but related legal processes: a criminal case in court, and an administrative license revocation (ALR) handled by the North Carolina Division of Motor Vehicles (DMV). This guide focuses on the ALR process, which determines if your driver's license will be suspended independent of the criminal case. Understanding the deadlines and procedures for your ALR hearing is crucial to potentially saving 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 administrative hearing with the North Carolina DMV to challenge your license suspension. This deadline is strictly enforced.

To request a hearing, you must contact the North Carolina DMV or Department of Public Safety (DPS). The exact method for requesting a hearing (online, phone, or mail) should be confirmed with the North Carolina DMV.

What happens if you miss the deadline? If you fail to request a hearing within 15 days, your license suspension will automatically go into effect. You will lose your driving privileges for the duration of the suspension period, regardless of the outcome of your criminal case.

Automatic License Suspension

Even before your criminal case goes to court, your driver's license may be automatically suspended based on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08 or higher, your license will be suspended under North Carolina law. The specific duration of the suspension will depend on factors related to your driving record.

After being charged with a DUI in Wayne County, you may receive a temporary driving permit. This permit allows you to drive until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Under North Carolina's implied consent law, all drivers on North Carolina roads are deemed to have given their consent to submit to a chemical test (breath, blood, or urine) if lawfully arrested for DUI. Refusal to submit to testing results in an immediate and automatic license suspension, separate from any suspension related to your BAC level.

Refusing a breath or blood test carries a longer suspension period than failing the test.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a civil proceeding, entirely separate from your criminal DUI case. The purpose of the ALR hearing is to determine whether the DMV had sufficient legal grounds to suspend your driver's license.

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, not "beyond a reasonable doubt."

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you can take:

• Gather evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or documentation that challenges the accuracy of the breathalyzer test.
• Understand what you can challenge: You can challenge various aspects of the DMV's case, including whether the officer had reasonable suspicion to stop you, whether you were properly informed of your rights, and whether the breathalyzer test was administered correctly.

Possible Outcomes

There are three possible outcomes of an ALR hearing:

• Suspension upheld: If the DMV proves that your license suspension was justified, your license will remain suspended.
• Suspension overturned: If you successfully challenge the DMV's case, your license suspension will be overturned, and your driving privileges will be restored.
• 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 under specific circumstances.

Hardship/Restricted License in North Carolina

Even with a suspended license, you may be eligible for a hardship or restricted license in North Carolina. These licenses allow you to drive for essential purposes, such as:

• Work
• School
• Medical appointments

Eligibility requirements vary, but typically include:

• Completion of a substance abuse assessment
• Enrollment in a substance abuse treatment program (if recommended)
• Proof of employment or school enrollment
• Installation of an ignition interlock device (IID) in your vehicle (in some cases)

Contact the North Carolina DMV for detailed information on the application process, costs, and specific requirements for obtaining a hardship or restricted license.

Getting Your License Back

Once your license suspension period is over, you will need to take steps to reinstate your driving privileges. Reinstatement requirements typically include:

• Paying a reinstatement fee to the North Carolina DMV
• Providing proof of SR-22 insurance (high-risk auto insurance)
• Completing any required classes or programs, such as a substance abuse education program

Wayne County DMV Offices

Confirm hours of operation before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: An IID is a device installed in your vehicle that requires you to blow into it before starting the engine. If the device detects alcohol, the vehicle will not start. The North Carolina DMV oversees the IID program.

Frequently Asked Questions

1Where is the Wayne County Detention Center located? The Wayne County Detention Center is located at 200 Stronach Avenue, Goldsboro, NC 27530.

2How long do I have to request an ALR hearing after a DUI arrest in Wayne County? You have 15 days from the date of your arrest to request an ALR hearing.

3What is the phone number to contact the Wayne County Detention Center for inmate information? The phone number is 919-731-1660.