Cumberland County DUI Guide

DUI Arrest in Cumberland County, NC: Complete Guide

Being arrested for Driving Under the Influence (DUI) in Cumberland County, North Carolina, can be a disorienting experience. You're likely facing immediate license suspension, potential jail time, and a complex legal process. This guide provides immediate, practical guidance on what to do next, focusing on the specific procedures and deadlines unique to Cumberland County. Crucially, you need to understand the 10-day deadlines you're immediately facing, which we'll outline below.

What Happens After a DUI Arrest in Cumberland County

After a DUI arrest in Cumberland County, you'll typically be taken to the Cumberland County Detention Center (the main jail) for processing. The arresting agency will likely be either the Fayetteville Police Department (FPD) or the Cumberland County Sheriff's Office (CCSO). Expect to be photographed, fingerprinted, and asked to provide personal information. You will be allowed to make phone calls, typically after the initial booking process is complete. Bail will be set according to a predetermined schedule, but the exact amount will depend on factors such as your prior criminal record and the circumstances of the arrest.

Immediate Steps (First 24 Hours)

• Arrest: You are pulled over, and the officer suspects you are driving under the influence. You may be asked to perform field sobriety tests and/or take a breathalyzer test.
• Booking: You're transported to the Cumberland County Detention Center.
• Processing: Your information is recorded, you're photographed and fingerprinted.
• Phone Call: You're allowed to make a phone call. Contact a loved one or, ideally, a DUI attorney.
• Bail: Bail is set, and you can arrange for release through a bail bondsman or by posting the full amount.
• Release: Once bail is posted, you are released with a court date.

Critical Deadlines

10-Day Deadlines Are Crucial: You face two critical 10-day deadlines that begin immediately after your arrest.

• 10-Day "Hard" Suspension (Civil Revocation): Your driver's license is immediately seized for 30 days. You cannot drive for the first 10 days.

• 10-Day Appeal for Refusal: If you refused to submit to a breath or blood test, you have only 10 days from the date of the magistrate's order to appeal the one-year administrative revocation of your license. This appeal must be mailed to the NCDMV in Raleigh.

• 30-Day Civil Revocation: After 30 days, the Civil Revocation period ends, provided you pay a $100 fee to the Clerk of Court.

• Court Appearance: Your court date will be set at the time of your release. Missing this date can result in further legal complications.

• Pre-Trial Limited Driving Privilege (LDP): Starting on Day 11, you may be eligible for a Pre-Trial Limited Driving Privilege (LDP), allowing you to drive for limited purposes (work, school, etc.). You must file a petition with the Cumberland County Clerk of Court.

DUI Enforcement in Cumberland County

While specific DUI checkpoint locations are not publicly released in advance, be aware that the Fayetteville Police Department and the Cumberland County Sheriff's Office actively enforce DUI laws. Enforcement efforts may be heightened during holidays and special events.

Local Resources

• Fayetteville South Driver License Office: 2439 Gillespie Street, Fayetteville, NC 28306. Phone: (910) 486-1353. This is the primary location for administrative hearings. Hours: Monday – Friday: 7:00 AM – 5:00 PM.
• Fayetteville West Driver License Office (Eutaw Village): 831 Elm Street, Eutaw Village Shopping Center, Fayetteville, NC 28303. Phone: (910) 484-6249. Hours: Monday – Friday: 7:00 AM – 5:00 PM. Saturday Hours: During peak season (Summer), this office often opens Saturdays 8:00 AM – 12:00 PM for walk-ins.
• Cumberland County Sheriff's Office Records Division: 131 Dick Street, Fayetteville, NC. Phone number not available.
• Clerk of Court (Cumberland County): For filing petitions for Limited Driving Privileges and paying the $100 Civil Revocation fee.
• Bail Bondsmen: Search online for "bail bondsmen Fayetteville NC"
• DUI Attorneys: Search online for "DUI attorneys Fayetteville NC"

What Makes Cumberland County Different

Cumberland County has some unique aspects to consider when dealing with a DUI arrest:

• The 10-Day Deadline Trap: Missing the 10-day deadline to appeal a refusal revocation will automatically suspend your license for one year. Don't delay!
• Hearing Location: Don't assume your NCDMV hearing will be at the courthouse. They are typically held at the Fayetteville South Driver License Office (2439 Gillespie St), or conducted virtually. Check your "Notice of Hearing" letter carefully.
• Raleigh Mailing Requirement: You cannot drop off your hearing request at the local DMV office. You must mail your hearing request and fee to the NCDMV Administrative Support Unit in Raleigh. Mailing Address: NCDMV Administrative Support Unit 3118 Mail Service Center Raleigh, NC 27699-3118.
• Evidence Procurement: Getting the police report and body cam footage requires different procedures. Police reports are generally free from the Fayetteville Police Department via Police-2-Citizen (P2C) or in person. However, obtaining body-worn camera footage from either FPD or CCSO requires filing a Petition for Release of Custodial Law Enforcement Agency Recording in Cumberland County Superior Court, which involves civil filing fees (approximately $200).
• Limited Driving Privilege (LDP) Requirements: If granted driving privileges outside standard hours (6 AM - 8 PM, Mon-Fri), you must adhere strictly to the designated routes listed on the privilege document. While a trucker-style logbook isn't always mandatory, you must carry a letter from your employer verifying your hours and stick strictly to the designated route listed on the privilege document.
• Required Documents for LDP (Day 11): You will need the DL-123 Form (proof of insurance), proof of Substance Abuse Assessment completion ($100 fee), a Certified Driving Record from NCDMV ($14 online), the Petition & Order (AOC-CV-350) signed by a District Court Judge, and the $100.00 filing fee paid to the Clerk of Court.

Remember, navigating the DUI process in Cumberland County requires understanding these specific procedures and deadlines. Your first step should be to contact the Fayetteville South Driver License Office at (910) 486-1353 to confirm the latest procedures for requesting a hearing and to clarify any questions about your license status.