Chowan County License Hearing Guide

Chowan County DUI License Suspension & ALR Hearing: Act Fast to Save Your License

If you've just been arrested for DUI (Driving Under the Influence) in Chowan County, North Carolina, you're likely feeling overwhelmed and uncertain about the future. One of your immediate concerns is undoubtedly your driver's license. This guide will explain the license suspension process, the crucial Administrative License Revocation (ALR) hearing, and what you need to do right now to protect your driving privileges.

It's vital to understand that the DUI process involves two separate but related proceedings: a criminal case in court and an administrative action handled by the North Carolina Division of Motor Vehicles (DMV). This guide focuses on the administrative side – specifically, how your license can be suspended and how you can fight that suspension at an ALR hearing. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice versa.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the automatic suspension of your driver's license.

Where to Request: You must request the hearing from the North Carolina Division of Motor Vehicles (DMV).

How to Request: You can request an ALR hearing by:

• Online: Check the North Carolina DMV website (ncdot.gov) for online ALR hearing request options. This is often the fastest and most efficient method.
• Mail: Send a written request for an ALR hearing to the address provided on your temporary driving permit or the notice of suspension you received from the arresting officer. Important: Send it certified mail with return receipt requested so you have proof of timely submission.
• Potentially Phone: While not always guaranteed, you may be able to initiate the process by contacting the DMV by phone to confirm the correct procedure and mailing address.

What Happens If You Miss the Deadline? If you fail to request a hearing within the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule, so don't delay! Act immediately!

Automatic License Suspension

Your license will be automatically suspended following a DUI arrest in Chowan County under certain circumstances:

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) registered at or above 0.08, your license will be suspended.

• BAC over 0.08: Your license will be suspended for a period of time as determined by North Carolina law.
• Temporary Permit: The arresting officer likely provided you with a temporary driving permit. This permit is typically valid for 30 days or until your ALR hearing date, whichever comes first. If you don't request a hearing, it will expire at the end of the 30-day period, and your suspension will begin.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties.

• Refusal Penalty: If you refused to take the breath or blood test, your license will be suspended for a significantly longer period than if you had taken the test and failed. This suspension is often for a year or more.
• 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 agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take the test can result in serious consequences, even if you are ultimately found not guilty of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by the North Carolina DMV and its sole purpose is to determine whether your driver's license should be suspended due to your DUI arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented by the arresting officer (typically in the form of paperwork) and any evidence you present to determine if the suspension is justified.
• 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 by a "preponderance of the evidence" (more likely than not) that the suspension is warranted, while in a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements (if anyone was with you), video footage (if available from dashcams or security cameras), and any documentation relevant to the circumstances of your arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in North Carolina law can be invaluable. They understand the ALR process, can help you gather evidence, prepare your case, and represent you at the hearing. They can also identify potential weaknesses in the state's case against you.
• Understand What You Can Challenge: You can challenge various aspects of the state's case, 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 properly administered and the results are accurate.
• Whether you were properly advised of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The hearing officer finds that the state has met its burden of proof and upholds the license suspension.
• Suspension Overturned: The hearing officer finds that the state has not met its burden of proof and overturns the license suspension. Your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant 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

If your license is suspended, you may be eligible for a limited driving privilege, often called a hardship license or restricted license, depending on the circumstances of your case and North Carolina law.

• Eligibility Requirements: Eligibility requirements vary depending on the length of the suspension, the circumstances of the DUI, and whether you have any prior DUI convictions.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes, such as:
• Travel to and from work.
• Travel to and from school or educational programs.
• Travel for medical appointments.
• Travel for court-ordered treatment or community service.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process typically involves completing an application form, providing supporting documentation (such as proof of employment or enrollment in school), and attending a hearing.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license. An IID requires you to blow into a breathalyzer before starting your vehicle. If alcohol is detected, the vehicle will not start.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a DUI conviction, you will typically need to:
• Pay a reinstatement fee.
• Complete any court-ordered alcohol education or treatment programs.
• File proof of SR-22 insurance (high-risk auto insurance) with the DMV.
• Meet any other requirements imposed by the court or the DMV.
• Fees: Reinstatement fees vary and are subject to change. Contact the North Carolina DMV for the most up-to-date fee information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that you must file with the DMV to demonstrate that you have auto insurance coverage. It is typically required for a period of three years following a DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete an alcohol education program, substance abuse treatment, or other programs as part of your DUI sentence.

Chowan County DMV Offices

Unfortunately, Chowan County does not have a full-service DMV office.

The closest DMV locations are:

• Elizabeth City DMV 1409 N Road Street Elizabeth City, NC 27909 (252) 338-3939

• Edenton License Plate Agency 117 E King St Edenton, NC 27932 (252) 482-4302

Please verify hours of operation before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals convicted of DUI to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: In some cases, you may be able to obtain an occupational license that allows you to drive for work-related purposes only.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified attorney in Chowan County, North Carolina, for specific legal advice regarding your DUI case.