Chatham County License Hearing Guide

Chatham County DUI License Suspension & ALR Hearing

Just arrested for DUI in Chatham County? Your driver's license is in immediate jeopardy. This guide explains the Administrative License Revocation (ALR) process and how to fight to keep your driving privileges.

A DUI arrest in Chatham County, North Carolina triggers two separate legal processes: a criminal case in court and an administrative license suspension handled by the NC Department of Motor Vehicles (DMV). This guide focuses on the administrative process, which can result in your license being suspended before your criminal case is even resolved. Act fast, because you have a very limited time to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest, you have only 15 DAYS to request an Administrative License Revocation (ALR) hearing with the North Carolina DMV. This hearing is your opportunity to challenge the suspension of your driver's license before it automatically goes into effect.

Where to Request:

You must request the hearing with the North Carolina Division of Motor Vehicles (DMV).

How to Request:

While the specific methods may change, typically you can request the hearing through one of the following ways:

• Online: Check the NC DMV website (ncdot.gov/dmv) for online hearing request options. Look for sections related to DUI or license suspensions.
• Phone: Contact the NC DMV Driver License Section. The number can be found on the DMV website. Be prepared to provide your driver's license information and details about your DUI arrest.
• Mail: Send a written request for a hearing to the NC DMV Driver License Section. Include your name, address, driver's license number, the date of your DUI arrest, and a clear statement requesting an ALR hearing. It is highly recommended to send the request via 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 the 15-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule. Missing the deadline is a critical mistake that can severely limit your ability to work, take care of your family, and attend necessary appointments. Don't wait - act now!

Automatic License Suspension

Regardless of the outcome of your criminal case, the NC DMV can suspend your license administratively based on the circumstances of your arrest. The reasons for this suspension depend on whether you submitted to a breath or blood test and the results of that test, or if you refused to be tested.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended for 30 days.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you were likely issued a temporary driving permit. This permit is valid until your ALR hearing or until the 30-day suspension begins if you don't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In North Carolina, refusing testing results in an immediate, one-year license suspension.
• Implied Consent Law in North Carolina: North Carolina, like most states, operates under an "implied consent" law. This means that by driving on North Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can be used against you in court and results in a longer license suspension through the ALR process.

The ALR/Administrative Hearing

The ALR hearing is a crucial step in protecting your driving privileges. It is a separate proceeding from your criminal DUI case and has its own rules and procedures.

What It Is

• Separate from Criminal Court: The ALR hearing is conducted by the NC DMV, not the criminal court system. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa, although they are related.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV had sufficient grounds to suspend your license based on your DUI arrest.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "substantial evidence" that you were driving while impaired, whereas a criminal conviction requires proof "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that challenges the basis for the stop or arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Chatham County can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the arguments that are most likely to be successful.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of your arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: If the DMV finds sufficient evidence to support the suspension, your license will remain suspended for the applicable period (30 days for BAC over 0.08, one year for refusal).
• Suspension Overturned: If you successfully challenge the basis for the suspension, your license will be reinstated.
• 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

Even if your license is suspended, you may be able to obtain a limited driving privilege in North Carolina.

• Eligibility Requirements: Eligibility for a hardship license depends on the specific circumstances of your case, including your prior driving record and the reason for the suspension. Generally, you must demonstrate that you have no other means of transportation and that the suspension will cause undue hardship.
• What You Can Drive For: A hardship license typically allows you to drive only for essential purposes, such as:
• Driving to and from work.
• Driving to and from school or job training.
• Driving for medical appointments.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing documentation to support your claim of hardship. There are also associated fees. A DUI attorney can help you navigate this process.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

The requirements for reinstating your license may vary depending on the outcome of your criminal case and the length of your suspension.

• Reinstatement Requirements: Typically, you will need to:
• Pay a reinstatement fee to the NC DMV.
• Provide proof of insurance.
• Complete any required DUI education or treatment programs.
• Fees: Reinstatement fees vary depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period of time.
• Classes/Programs That Must Be Completed: DUI education or treatment programs are often required as a condition of license reinstatement.

Chatham County DMV Offices

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To reinstate your license or address other DMV matters, you can visit one of the following locations. Always check the DMV website (ncdot.gov/dmv) for the most up-to-date information on hours and services.

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Special Programs

North Carolina offers several programs that may be relevant to individuals convicted of DUI.

• Ignition Interlock Device Program: This program allows individuals to drive with an IID installed in their vehicle, preventing operation if alcohol is detected.
• Occupational License: This is another term for a restricted or hardship license, allowing driving for specific purposes.

Disclaimer: This guide provides general information about DUI license suspensions in Chatham County, North Carolina, and is not intended as legal advice. Consult with a qualified DUI attorney for advice specific to your situation.