Buncombe County DUI Guide

DUI Arrest in Buncombe County, NC: Complete Guide

Being arrested for Driving While Impaired (DWI) in Buncombe County, North Carolina, triggers a complex legal process with immediate consequences. Unlike some jurisdictions, North Carolina has a strict "no diversion" policy, meaning there's no easy way to dismiss or reduce a DWI charge. This guide provides a comprehensive overview of what to expect in the "first 48 hours" and beyond, offering actionable steps to navigate the legal and logistical challenges ahead.

What Happens After a DUI Arrest in Buncombe County

A DWI arrest in Buncombe County initiates two parallel proceedings: a criminal prosecution in the District Court and an administrative license revocation by the North Carolina Division of Motor Vehicles (NCDMV). This means you'll be fighting the charges in court while simultaneously battling to keep your driving privileges. The Asheville Police Department (APD) is a primary arresting agency within the county, often utilizing the AutoReturn system for vehicle impoundment. This guide will help you understand these processes and take the right steps to protect your rights and driving privileges.

Immediate Steps (First 24 Hours)

• Arrest and Booking: Following a DWI arrest, you'll be taken to the Buncombe County detention facility located at 20 Davidson Drive.

• Intake and Processing: The booking process involves fingerprinting, photographing, and gathering personal information.

• Phone Calls: You will be allowed to make phone calls, typically after the booking process is complete. It's wise to contact a loved one and an attorney as soon as possible.

• Bail Determination: After an "impairment hold" (where authorities determine if you can be released to a Sober Responsible Adult), a Magistrate will set the Conditions of Release. Buncombe County utilizes a Pretrial Services Program to inform these decisions.

• Release: You can be released if you can post bail or are released on a written promise to appear or unsecured bond. Keep in mind that shift changes at the detention facility occur around 6:00 AM and 6:00 PM, which may slow down processing.

• Vehicle Impound: Your vehicle will likely be impounded. If arrested by the Asheville Police Department (APD), it will likely be processed through the AutoReturn system.

Critical Deadlines

• 10-Day Deadline: You have only 10 days from the date of your arrest to request a hearing to contest the Civil Revocation (CVR) of your driver's license.
• Court Appearance: You will be given a court date to appear and face the DWI charges.
• 30-Day Suspension: Your license will be suspended for a minimum of 30 days due to the Civil Revocation.
• Restoration Fee: After 30 days, you must pay a $100 restoration fee to the Clerk of Court at 60 Court Plaza to get your license back.

DUI Enforcement in Buncombe County

While specific DUI checkpoint locations are not publicly released, the Asheville Police Department (APD) actively enforces DWI laws throughout the city and surrounding areas. Be aware that enforcement efforts may be heightened during holidays and special events. Also, be aware that a refusal to submit to a chemical analysis will result in an immediate Civil Revocation of your license.

Local Resources

• Buncombe County Detention Facility: 20 Davidson Drive
• Buncombe County Clerk of Court: 60 Court Plaza
• Asheville Police Department Records or Evidence Division: (828) 259-5870 or (828) 252-1110 (for vehicle release authorization if vehicle status is "On Hold" in AutoReturn)
• AutoReturn Digital Portal: https://search.autoreturn.com/
• AutoReturn Phone Inquiry: (888) 217-9731 (Available 24/7)
• DL-123 Form: Proof of valid liability insurance (required for Pretrial Limited Driving Privilege).
• Substance Abuse Assessment ("508 assessment"): Find a registered provider to complete this clinical assessment.

While we cannot recommend specific bail bondsmen or attorneys, you can find listings online or through the Buncombe County Bar Association.

What Makes Buncombe County Different

Buncombe County's DWI process has some unique characteristics.

• No Diversion Policy: North Carolina law prohibits diversion programs for DWI offenses, making plea bargaining difficult.
• AutoReturn System: The Asheville Police Department uses the AutoReturn system for vehicle impoundment, which can lead to uncertainty about the location of your vehicle. Use the AutoReturn digital portal or phone number to locate your vehicle.
• "On Hold" Vehicle Status: If your vehicle status is "On Hold" in the AutoReturn system, you must contact the Asheville Police Department Records or Evidence Division at (828) 259-5870 or (828) 252-1110 to secure a release authorization.
• Weekend Trap: A Friday night arrest can lead to significant storage fees at private impound lots, especially if you can't retrieve your vehicle until Monday. Expect a minimum of $305 in fees, exclusive of traffic fines, if you are arrested on a Friday night and released on Monday morning.
• Shift Change Blackouts: Processing delays may occur during shift changes at the detention facility (around 6:00 AM and 6:00 PM).
• Pretrial Limited Driving Privilege: You can obtain a Pretrial Limited Driving Privilege (LDP) from Day 11 to Day 30 of your suspension. Make sure to schedule your "508 assessment" immediately after your arrest to avoid delays.
• Restoration Fee Trap: You must physically go to the Clerk of Court’s office (60 Court Plaza) and pay a $100.00 Civil Revocation Fee to reclaim the license after the 30-day suspension. Driving after Day 30 without paying this fee constitutes "Driving While License Revoked" (DWLR), a new misdemeanor offense.

Your next step should be to immediately search for your vehicle on the AutoReturn digital portal at https://search.autoreturn.com/ or call (888) 217-9731.