Cumberland County Bail Information

Navigating Bail and License Suspension After a DUI in Cumberland County, NC

Facing a DUI charge in Cumberland County can be overwhelming, especially when dealing with immediate license suspensions and potential bail requirements. This guide provides critical information to help you understand the process and take the necessary steps to protect your rights and driving privileges. Remember, you face two critical deadlines immediately after your arrest: a 10-day deadline related to your license and a 30-day civil revocation.

Understanding Bail Procedures in Cumberland County

Bail in Cumberland County is determined by a magistrate based on several factors, including the severity of the charges, your criminal history, and your ties to the community. The purpose of bail is to ensure your appearance in court. If you are released on bail, you will need to adhere to any conditions set by the court, such as abstaining from alcohol or drugs. Failure to comply with these conditions can result in your bail being revoked and you being taken back into custody.

The 10-Day Deadline: Appealing a Refusal Revocation

One of the most critical deadlines after a DUI arrest in North Carolina is the 10-day window to appeal a license revocation if you refused a breath or blood test. This is a hard deadline. If you refused the breathalyzer 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 driver's license. This appeal must be mailed to the NCDMV in Raleigh.

Here's what you need to do:

1. Prepare Your Appeal: Consult with an attorney immediately to prepare the necessary paperwork.
2. Mail Your Request: Send your appeal and the required $450.00 fee (check or money order only) to the following address:

NCDMV Administrative Support Unit 3118 Mail Service Center Raleigh, NC 27699-3118

Important Note: Do not attempt to drop off your hearing request at the Fayetteville South Driver License Office (2439 Gillespie Street). While NCDMV examiners work there, they do not accept legal filings for hearing requests.

The 30-Day Civil Revocation and Limited Driving Privileges

Even if you did not refuse a breath or blood test, your license will be seized immediately after a DUI arrest due to a 30-day civil revocation. This means you cannot drive at all for the first 10 days.

However, after 10 days, you may be eligible for a Pre-Trial Limited Driving Privilege (LDP).

Here's how to apply for an LDP in Cumberland County:

1. Gather Required Documents:

• DL-123 Form: Proof of insurance (valid for 30 days).
• Substance Abuse Assessment: Proof of completion (approximately $100 fee).
• Certified Driving Record: Obtainable online from NCDMV for $14.
• Petition & Order (AOC-CV-350): This form must be signed by a District Court Judge.

1. File Your Petition: File the petition with the Cumberland County Clerk of Court and pay the $100.00 filing fee.

Important Considerations for LDPs:

• Standard Hours: If your LDP is for standard hours (6 AM - 8 PM, Monday-Friday), you are generally unrestricted within those hours for work, school, or household maintenance. No logbook is required.
• Non-Standard Hours: If you need to drive outside standard hours (nights or weekends), the court order will specify exact routes and times. You will likely need a letter from your employer verifying your hours and must adhere strictly to the designated route. While a trucker-style logbook isn't always required, be prepared to document your travel.
• Civil Revocation Fee: After the 30-day civil revocation period, you must pay a $100 fee to the Clerk of Court to end the revocation.

Preparing for Your NCDMV Hearing

If you appeal your license revocation, you will receive a "Notice of Hearing" from the NCDMV.

Location of the Hearing:

• Administrative hearings are typically held at the Fayetteville South Driver License Office (2439 Gillespie St) in a back office, or conducted virtually.
• Check your "Notice of Hearing" carefully to see if you must appear in person or if the hearing will be conducted via Microsoft Teams or telephone.

Gathering Evidence:

• The NCDMV hearing officer will rely on the "Refusal Affidavit" (DHHS-4081) submitted by the arresting officer.
• You are responsible for obtaining the police report and body camera footage if you want to use it as evidence.

Obtaining Police Reports and Body Camera Footage:

• Fayetteville Police Department (FPD): Crash/incident reports are available online via Police-2-Citizen (P2C) or in person. Body camera footage requires filing a Petition for Release of Custodial Law Enforcement Agency Recording in Cumberland County Superior Court (civil filing fees apply, approximately $200).
• Cumberland County Sheriff's Office (CCSO): Visit the Records Division at 131 Dick Street, Fayetteville, NC. Incident/accident reports cost $2.00 per copy, and media (photos/audio/video on DVD) costs $6.00 per disc. Note that body camera footage still requires a court order. Payment is accepted in cash, money order, or check only.

Key Takeaway: Act Quickly

The timelines following a DUI arrest in Cumberland County are strict. Missing the 10-day deadline to appeal a refusal revocation can have serious consequences. Immediately contacting an attorney and understanding the steps outlined above is crucial to protecting your rights and driving privileges.

For information about license reinstatement or administrative hearings, contact the Fayetteville South Driver License Office at (910) 486-1353.