Dare County License Hearing Guide

Dare County DUI License Suspension & ALR Hearing

A DUI arrest in Dare County, North Carolina, can trigger two separate legal processes: a criminal case in court and an administrative license revocation (ALR) hearing with the North Carolina Department of Motor Vehicles (DMV). This guide focuses on the administrative side – specifically, how to fight the potential suspension of your driver's license following a DUI arrest. It's crucial to understand that even if your criminal case is dismissed, your license can still be suspended through the ALR process. Time is of the essence. This guide provides immediate, practical guidance on navigating the ALR hearing and potentially saving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After being arrested for DUI in Dare County, you have a very limited time to act to protect your driver's license. You MUST request an administrative hearing (also known as an ALR hearing) within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your driver's license.

• Where to Request: You must request the hearing through the North Carolina Division of Motor Vehicles (DMV) - a division of the Department of Public Safety (DPS).

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

• Online: Visit the North Carolina DMV website (search for "ALR hearing request North Carolina"). Look for a section related to requesting an administrative hearing for a DUI.

• Phone: Call the North Carolina DMV's Driver License Section. The number can be found on the NC DMV website. Be prepared to provide information about your arrest.

• Mail: Send a written request for an ALR hearing to the address specified on your temporary driving permit or the arrest paperwork. Ensure it is postmarked within 15 days of your arrest. It's recommended to send it via certified mail with return receipt requested to prove timely submission.

• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day timeframe, your driver's license will be automatically suspended. There are very few exceptions to this rule, so it is imperative that you act quickly.

Automatic License Suspension

A DUI arrest in Dare County automatically triggers a potential license suspension, even before your criminal case is resolved. The length and nature of this suspension depend on whether you submitted to a breath or blood test and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for a specific period, depending on the circumstances of your case and North Carolina law. It's crucial to consult with a DUI attorney to determine the exact length of the suspension.
• Temporary Permit Valid Until Hearing or Suspension Begins: Following your arrest, you likely received a temporary driving permit. This permit allows you to drive until the date of your ALR hearing, or until your suspension officially begins if you don't request a hearing or your suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test in North Carolina. The suspension period for refusing a test is significantly longer.
• 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 submit to testing can result in a lengthy license suspension, regardless of your actual BAC level.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal case, and vice-versa. You can win your ALR hearing and still be convicted of DUI in criminal court, or vice versa.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine if there was sufficient legal basis for the police officer to arrest you for DUI and whether your BAC was above the legal limit (if you submitted to testing), or if you refused to submit to testing.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the suspension is warranted.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), or any documentation that challenges the validity of the traffic stop, arrest, or breath/blood test results.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in North Carolina ALR hearings can significantly increase your chances of success. They understand the legal nuances of these hearings and can effectively present your case. They can also subpoena witnesses, cross-examine the arresting officer, and challenge the evidence presented by the DMV.
• Understand What You Can Challenge: In an ALR hearing, you can challenge various aspects of your DUI arrest, 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 correctly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the hearing officer determines that the DMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DMV has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege (often referred to as a hardship license) in North Carolina.

• Eligibility Requirements: To be eligible for a limited driving privilege, you must meet certain requirements, including:
• Having no prior DUI convictions within a certain timeframe (usually 7 years).
• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• Completing a substance abuse assessment.
• What You Can Drive For: A limited driving privilege typically allows you to drive only for specific purposes, such as:
• Traveling to and from work.
• Attending school or educational programs.
• Seeking medical treatment.
• Costs and Application Process: Applying for a limited driving privilege involves filing a petition with the court and paying applicable fees. You will need to provide documentation supporting your need to drive.
• IID Requirement: In some cases, a limited driving privilege may require you to install an ignition interlock device (IID) in your vehicle.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements may include:
• Paying a reinstatement fee to the DMV.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any required substance abuse education or treatment programs.
• Fees: Be prepared to pay fees to reinstate your license. Contact the DMV for the exact amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that demonstrates you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: The court or DMV may require you to complete a substance abuse assessment, education, or treatment program as a condition of license reinstatement.

Dare County DMV Offices

• Manteo Driver License Office 3102 N Croatan Hwy, Ste 101 Kill Devil Hills, NC 27948 Phone: (252) 475-5910 Hours: Mon-Fri 8:00 am - 5:00 pm (verify hours before visiting)

• Elizabeth City Driver License Office (Closest Additional Option) 115 N Hughes Blvd Ste B Elizabeth City, NC 27909 Phone: (252) 331-2942 Hours: Mon-Fri 8:00 am - 5:00 pm (verify hours before visiting)

Note: It is ALWAYS recommended to check the NC DMV website or call ahead to confirm hours of operation, as they can change.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals with suspended licenses to drive with an IID installed in their vehicle. The IID requires the driver to blow into a breathalyzer before starting the vehicle.
• Occupational License: [Check with a local attorney about the availability of occupational licenses in North Carolina and Dare County, and any specific requirements.]

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Dare County, North Carolina, to discuss your specific situation and legal options. The laws surrounding DUI and license suspension can be complex and are subject to change. Act quickly to protect your rights and driving privileges.