Cumberland County Vehicle Impound Guide

Navigating DUI Impound and License Revocation in Cumberland County, NC

Facing a DUI arrest in Cumberland County can trigger immediate consequences for your driving privileges. Understanding the specific deadlines and procedures is crucial to protecting your ability to drive. This guide provides a detailed overview of impound, license revocation, and hardship privileges in Fayetteville and Cumberland County.

The Critical 10-Day Deadlines: Refusal and "Hard" Suspension

Time is of the essence after a DWI arrest. You face two critical 10-day deadlines:

1. 10-Day Deadline (Willful 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 resulting one-year administrative revocation. This appeal must be mailed to the NCDMV in Raleigh.

2. 10-Day "Hard" Suspension (Civil Revocation): Your driver's license is immediately seized for a 30-day civil revocation. Critically, you cannot drive for the first 10 days.

Reinstating Your License After the 30-Day Civil Revocation

After the initial 30-day civil revocation, you must pay a $100 Civil Revocation Fee to the Clerk of Court to fully end the revocation.

Obtaining a Pre-Trial Limited Driving Privilege (LDP)

After the initial 10-day "hard" suspension, you may be eligible for a Pre-Trial Limited Driving Privilege (LDP) starting on Day 11. To obtain this, you must file a petition with the Cumberland County Clerk of Court. Here's what you'll need:

• DL-123 Form: Proof of insurance (valid for 30 days).
• Substance Abuse Assessment: Proof of completion (approximately $100 fee).
• Certified Driving Record: Obtainable from the NCDMV for $14 online.
• Petition & Order (AOC-CV-350): This form must be signed by a District Court Judge.
• Filing Fee: $100.00, payable to the Clerk of Court.

Understanding Driving Restrictions: Logbook Requirements

If granted an LDP, the restrictions on your driving depend on the hours you need to drive:

• Standard Hours (6 AM - 8 PM, Mon-Fri): No logbook is required. You are generally unrestricted within these hours for work, school, and household maintenance.
• Non-Standard Hours (Nights/Weekends): A logbook may be required. The court order will specify routes and times. While a formal trucker-style logbook isn't always mandatory, you must carry a letter from your employer verifying your hours and adhere strictly to the designated route listed on the privilege document.

Appealing a Refusal: The NCDMV Hearing Process

If you refused a breath or blood test and wish to challenge the one-year revocation, you must request a hearing with the NCDMV.

Important: You cannot simply drop off your hearing request at the Fayetteville South Driver License Office (2439 Gillespie Street).

The Required Method: Mail your request and the required fee to the NCDMV Administrative Support Unit in Raleigh.

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

Cost: $450.00 (Refusal Hearing) or $100.00 (General Restoration). Payment must be made via check or money order.

Where is the NCDMV Hearing Held?

Do not assume the hearing will be at the Cumberland County Courthouse (117 Dick St). Administrative hearings are typically held at the Fayetteville South Driver License Office (2439 Gillespie St) in a back office, or conducted virtually. The NCDMV is increasingly using Microsoft Teams or telephone hearings. Your "Notice of Hearing" letter will specify if you must appear at Gillespie Street or dial in.

Obtaining Evidence: Police Reports and Body Cam Footage

The NCDMV Hearing Officer relies on the "Refusal Affidavit" (DHHS-4081) submitted by the charging officer. The state does not automatically provide the police report. It is your responsibility to obtain the police report and body cam footage if you want to use it to prove you did not willfully refuse.

Fayetteville Police Department (FPD):

• Crash/Incident Reports: Available online via Police-2-Citizen (P2C) or in person. Generally free for involved parties.
• Body Worn Camera (BWC): 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):

• Records Division: 131 Dick Street, Fayetteville, NC.
• Incident/Accident Reports: $2.00 per copy.
• Media (Photos/Audio/Video on DVD): $6.00 per disc. (Note: BWC footage still requires a court order). Payment accepted via cash, money order, or check only.

Key NCDMV Contact Information in Cumberland County

For license reinstatement and administrative hearing matters, contact the Fayetteville South Driver License Office:

Fayetteville South Driver License Office 2439 Gillespie Street Fayetteville, NC 28306 (910) 486-1353 Hours: Monday – Friday: 7:00 AM – 5:00 PM.

Remember, the initial 10-day period after your arrest is critical. Immediately begin gathering the necessary documents and understanding the deadlines to protect your driving privileges in Cumberland County.