Wayne County License Hearing Guide

Wayne County DUI License Suspension & ALR Hearing

A DUI arrest in Wayne County, North Carolina, can be a frightening experience. Beyond the criminal charges, you're facing a separate administrative process that could lead to the suspension of your driver's license. It's crucial to understand this process and act quickly to protect your driving privileges. This guide explains the license suspension process following a DUI arrest in Wayne County and outlines the steps you need to take to potentially save your license. Remember, this information is for informational purposes only and does not constitute legal advice. Contact a qualified North Carolina DUI attorney immediately for personalized guidance.

Your License After a DUI Arrest in Wayne County

When you are arrested for DUI (Driving Under the Influence) in Wayne County, you face two separate but related legal processes:

• Criminal Court: This is where the actual DUI charge is addressed. You could face fines, jail time, community service, and other penalties if convicted.
• Administrative License Revocation (ALR) Hearing: This is a separate process handled by the North Carolina Division of Motor Vehicles (DMV). It determines whether your driver's license should be suspended due to the DUI arrest. This process is entirely independent of the criminal case. You can be found "not guilty" in criminal court, but still have your license suspended due to the ALR process, and vice versa.

This guide focuses on the ALR process and what you need to do to navigate it.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Wayne County, you have a very limited time to protect your driver's license. You MUST request an Administrative License Revocation (ALR) hearing within 15 calendar days of your arrest. This is a strict deadline, and no exceptions are typically made.

• Where to Request: You must request the hearing through the North Carolina Division of Motor Vehicles (DMV) or the North Carolina Department of Public Safety (DPS). They handle administrative license suspensions.

• How to Request: You can typically request the hearing through one of these methods (check the specific instructions on your temporary driving permit or the paperwork you received at the time of your arrest):

• Online: Check the NCDMV website for an online ALR hearing request form. Look for a section related to DUI or license suspension.

• Phone: Contact the NCDMV's Driver License Section. The number should be available on the NCDMV website or the paperwork you received. Be prepared to provide your driver's license number, date of birth, and other identifying information.

• Mail: You can typically mail a written request to the NCDMV. Include your name, address, driver's license number, date of birth, the date of your DUI arrest, and a clear statement requesting an ALR hearing. Send it certified mail with return receipt requested to ensure proof of delivery.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 calendar days, your driver's license will be automatically suspended. There is very little you can do to reverse this automatic suspension once the deadline has passed. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license will be automatically suspended under certain circumstances, pending the outcome of the hearing.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be suspended for 30 days before the ALR hearing even takes place. This is an administrative suspension.

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is usually valid for a limited time, typically until your ALR hearing or until the automatic 30-day suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: In North Carolina, if you refused to submit to a breath or blood test, your license will be suspended for one year. This suspension is automatic and goes into effect even before the ALR hearing.

• Implied Consent Law in North Carolina: North Carolina, like most states, has an "implied consent" law. This means that by driving on North Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing carries significant penalties, as outlined above.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: It is crucial to remember that the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was sufficient cause to suspend your driver's license based on the circumstances of your DUI arrest.
• 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 there was reasonable suspicion to stop you, probable cause to arrest you for DUI, and that you either had a BAC of 0.08% or higher or refused to submit to testing.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): Gather any evidence that supports your case. This might include witness statements, video footage from the arrest (if available), or any documentation that challenges the police officer's account of the events.

• Consider Hiring a DUI Attorney: An experienced North Carolina DUI attorney can represent you at the ALR hearing. They understand the legal procedures and can build a strong defense on your behalf. An attorney can also subpoena witnesses and cross-examine the arresting officer.

• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• The accuracy of the breath or blood test results.

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

• Whether you actually refused to submit to testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive under certain conditions.

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege, also known as a hardship license or restricted license, in North Carolina. This allows you to drive under specific circumstances, such as for work, school, or medical appointments.

• Eligibility Requirements: To be eligible for a limited driving privilege, you typically must meet certain requirements, including:

• Having a valid driver's license at the time of the DUI arrest.

• Having no prior DUI convictions within a certain period (usually seven years).

• Enrolling in a substance abuse assessment and treatment program (if required).

• Providing proof of financial responsibility (SR-22 insurance).

• What You Can Drive For (Work, School, Medical): A limited driving privilege typically restricts you to driving for essential purposes, such as:

• Traveling to and from work.

• Attending school or educational programs.

• Going to medical appointments.

• Attending court-ordered treatment programs.

• Costs and Application Process: The application process for a limited driving privilege involves filing a petition with the court and providing supporting documentation. There are typically court fees associated with the application. Consult with a DUI attorney to navigate the process.

• IID Requirement: Depending on the circumstances of your DUI arrest and your prior driving record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a limited driving privilege.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstating your license after a DUI suspension in North Carolina may include:

• Paying a reinstatement fee to the NCDMV.

• Providing proof of financial responsibility (SR-22 insurance).

• Completing any required substance abuse assessment and treatment programs.

• Passing the driver's license exam (written and/or driving).

• Fees: There are fees associated with reinstating your driver's license. The amount will vary depending on the length of the suspension and other factors.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the NCDMV. It proves that you have the minimum required liability insurance coverage.

• Classes/Programs that Must Be Completed: You may be required to complete a substance abuse assessment and treatment program as a condition of reinstating your driver's license. The specific requirements will depend on the circumstances of your DUI arrest and your prior driving record.

Wayne County DMV Offices

Here are some local Wayne County DMV offices where you might need to go:

(Note: This information is for example only. Always check the NCDMV website for the most up-to-date information on locations and hours)

• Goldsboro License Plate Agency: - [Phone Number] - [Hours]
• NC DMV - Driver License Office: - [Phone Number] - [Hours]

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a limited driving privilege or reinstating your driver's license.
• Occupational License: (This may be the same as a hardship/restricted license, or a separate program. Verify state-specific details.)
• Any State-Specific Programs: Check with the NCDMV or a DUI attorney to see if there are any other state-specific programs that may be available to you after a DUI arrest.

Remember, navigating the DUI process can be complex and confusing. Contact a qualified North Carolina DUI attorney as soon as possible to protect your rights and explore your options. Time is of the essence!