Currituck County License Hearing Guide

Currituck County DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Currituck County, North Carolina. This is a stressful situation, and understanding what happens next is crucial, especially when it comes to your driver's license. This guide provides immediate, practical information on your license suspension and the Administrative License Revocation (ALR) hearing process. It's important to understand that the DUI charge in criminal court and the license suspension process are two separate legal battles. This guide focuses on the administrative process, which directly affects your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Losing your license can impact your job, family, and daily life. In North Carolina, you have a very limited time to act to potentially save your driving privileges. You MUST request an ALR hearing within 15 days of your DUI arrest. This deadline is strict, and missing it will result in an automatic license suspension.

Where to Request: The hearing request is made to the North Carolina Division of Motor Vehicles (DMV).

How to Request: You can request the hearing through one of the following methods:

• Online: Visit the North Carolina DMV website (ncdot.gov/dmv) and look for the section related to DUI or ALR hearings.
• Phone: Contact the North Carolina DMV at their designated DUI/ALR hearing number. **
• Mail: Send a written request to the designated DMV address for ALR hearing requests. **

Important: Your request must be received by the DMV within the 15-day deadline. It's highly recommended to send your request via certified mail with return receipt requested to ensure you have proof of timely submission. Keep a copy of your request for your records.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very limited exceptions to this rule, so acting quickly is paramount.

Automatic License Suspension

After a DUI arrest in Currituck County, your license is subject to immediate administrative suspension under certain circumstances.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your breath or blood test results showed a Blood Alcohol Concentration (BAC) of 0.08 or higher, your license will be suspended for a period determined by North Carolina law. This is typically a 30-day temporary suspension, followed by a longer suspension if the ALR hearing doesn't go in your favor.

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you likely received a temporary driving permit. This permit is generally valid until your ALR hearing or until the date your suspension officially begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: In North Carolina, refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test.

• Implied Consent Law in North Carolina: North Carolina, like all states, has an implied consent law. This law states that by driving on North Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to do so results in automatic license suspension, regardless of whether you are ultimately convicted of DUI in criminal court. The suspension for refusing a test is significantly longer than for failing one.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It's an administrative hearing conducted by the North Carolina DMV 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 directly determine the outcome of your criminal DUI case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court, and vice versa.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is solely to decide whether the DMV has sufficient evidence to suspend your driving privileges.

• 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 you were driving while impaired, whereas in a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): Gather any evidence that could support your case, such as witness statements, dashcam footage (if available), or any documentation that casts doubt on the accuracy of the breath or blood test.

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A Currituck County DUI attorney familiar with North Carolina DUI laws and ALR hearing procedures can provide invaluable assistance. They can help you gather evidence, prepare your case, and represent you at the hearing.

• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest and the evidence presented against you at the ALR hearing, 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.

• The accuracy and reliability of the breathalyzer machine.

• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: If the DMV finds sufficient evidence to support the suspension, your license will be suspended for the applicable period.

• Suspension Overturned: If the DMV finds that there is insufficient evidence to support 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 under specific circumstances (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in North Carolina

Even with a suspended license, you may be able to obtain a hardship or restricted license in North Carolina to allow you to drive under limited circumstances.

• Eligibility Requirements: Eligibility for a hardship license typically depends on the severity of the DUI offense, your driving record, and your need to drive for essential purposes.

• What You Can Drive For (Work, School, Medical): A hardship license usually restricts driving to specific locations and times, such as travel to and from work, school, medical appointments, or court-ordered treatment programs.

• Costs and Application Process: There are fees associated with applying for a hardship license, and the application process involves submitting documentation to the court or the DMV.

• IID Requirement: In some cases, obtaining a hardship license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Once your suspension period is over and your criminal case is resolved, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying reinstatement fees, providing proof of insurance, and completing any required DUI education or treatment programs.

• Fees: You will need to pay a reinstatement fee to the DMV to get your license back.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.

• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or substance abuse treatment program as a condition of license reinstatement.

Currituck County DMV Offices

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Special Programs

• Ignition Interlock Device Program: The North Carolina IID program requires drivers convicted of certain DUI offenses to install an IID in their vehicles.

• Occupational License: An occupational license allows you to drive for work-related purposes even if your license is suspended. The requirements and restrictions vary.

Contact the North Carolina DMV or consult with a qualified DUI attorney for more information on these and other special programs.

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