Buncombe County DWI Bail Guide

The operational center for all initial DWI arrests, bookings, and bond hearings in Buncombe County is the Magistrate’s Office and Detention Intake located at 20 Davidson Drive, Asheville, NC 28801.

Buncombe County DUI Bail: What to Expect

If you've been arrested for DWI (Driving While Impaired) in Buncombe County, North Carolina, understanding the bail process is crucial. Unlike many jurisdictions, North Carolina has a strict "no diversion" policy for DWI offenses, meaning your case will proceed through the court system. Here's what you need to know about bail and release after a DWI arrest in Buncombe County.

Initial Detention and the "Sober Responsible Adult"

Following your arrest, you'll be taken to the Buncombe County Detention Facility. North Carolina General Statute 15A-534.2 allows the Magistrate to detain you if there is "clear and convincing evidence" that your impairment presents a danger to yourself, others, or property. This means immediate release is not guaranteed, regardless of community ties or flight risk.

If detained, there are only two ways to be released:

• Restoration of Faculties: When the Magistrate determines you are no longer impaired. They may use a "burn-off" calculation or require a set number of hours to pass based on your initial BAC.
• The Sober Responsible Adult (SRA): You can be released to a "sober, responsible adult" who agrees to take responsibility for you. This definition is strictly enforced. If the person picking you up was a passenger in the vehicle at the time of the arrest, the Magistrate might not consider them "responsible." The person picking you up might even be required to submit to a breathalyzer test, and any detection of alcohol will result in denial of release. This can be problematic for tourists arrested in Asheville who don't have local contacts.

Types of Bonds

Once the impairment hold is lifted, the Magistrate sets the Conditions of Release. Buncombe County utilizes a Pretrial Services Program to inform these decisions. You might encounter these types of bonds:

• Written Promise to Appear: Rare for DWI, typically only for those with no prior record and a low BAC.
• Unsecured Bond: A monetary amount is set (e.g., $1,000), but no money is required upfront. You are only liable if you fail to appear in court. This is more common for first-time offenders who live locally.
• Secured Bond: Requires posting cash, property, or using a bondsman. This is standard for out-of-state residents (considered high flight risk), refusal cases (indicating non-compliance), and repeat offenders.
• Electronic Monitoring: For high-risk defendants, the Magistrate may require GPS or alcohol monitoring (SCRAM) as a condition of pretrial release.

Shift Change Delays

Be aware that administrative processing of releases often slows or halts during shift changes at the Detention Facility. These shifts typically change at 6:00 AM and 6:00 PM.

Vehicle Impoundment

Your vehicle will likely be impounded after a DWI arrest. The Asheville Police Department (APD) uses the AutoReturn system to manage vehicle tows. You can locate your vehicle through the AutoReturn digital portal at https://search.autoreturn.com/ or by calling (888) 217-9731. You'll need your license plate number or VIN.

If the system lists the vehicle as "On Hold," the towing company cannot release it, even with payment. Contact the Asheville Police Department Records or Evidence Division at (828) 259-5870 or (828) 252-1110 to obtain a release authorization.

The Asheville Police Department Maximum Contracted Towing Fees (2024-2025) are:

• Tow: $165
• Daily Storage: $30
• After Hours Release: $50

If your license is already revoked for a prior impaired driving offense, or you are not validly licensed and do not have insurance, North Carolina General Statute 20-28.3 mandates a "Statutory Seizure" of your vehicle, managed by Eastway Wrecker Service. Contact them at 1-877-DWI-TOWS (1-877-394-8697).

Remember the operational center for all initial arrests, bookings, and bond hearings is located at 20 Davidson Drive, Asheville, NC 28801.