Durham County Court Process

The seizure of a vehicle incident to a DUI arrest in Durham is often the most urgent logistical crisis a defendant faces.

Impound & Towing in Durham County

When arrested for impaired driving in Durham, if you can't designate a private tow service (highly unlikely when handcuffed), the officer defaults to the Durham Police Department's "Rotation Wrecker" list. This list is managed by the Durham Emergency Communications Center (DECC). The next company on the list is dispatched, regardless of location relative to the arrest.

A critical issue: Durham Police Department General Order 4044 notes that wrecker companies are not required to have a "rollback" (flatbed) truck to be on the rotation list. Towing an All-Wheel Drive (AWD) vehicle with a wheel-lift wrecker can cause transmission damage. Officers should request a rollback for AWD vehicles, but if the next company doesn't have one, they're skipped. This may mean your vehicle is towed by a larger operator in a more remote industrial zone, like Cheek Road or Harvest Road, increasing travel time and costs.

To recover your vehicle after a standard DUI (not related to further crimes), the registered owner needs a valid photo ID and current registration. If you're still incarcerated, coordinating a proxy can be difficult, as many lots require a notarized letter of authorization or your physical presence. This can lead to accruing daily storage fees.

If your vehicle is seized under N.C.G.S. 20-28.3 (e.g., driving while license revoked for a prior impaired driving offense, or felony speeding to elude), the tow company cannot release it. You'll need a release order from the DPD Towing Inspector (Officer Wilkinson, Ext. 29173) or the Clerk of Court. This can add 24-48 hours of storage fees.

"Lost Vehicle" Phenomenon:

• DPD Tows: Inquiries go to the DPD Front Desk Officer at (919) 560-4427.
• DCSO Tows: Inquiries go to the Property & Evidence Division at (919) 560-7368.

Calling the wrong number can lead to significant delays.

Bail Bonds

Several bond agencies are located directly across the street from the jail on Mangum and Dillard Streets, facilitating faster "walk-through" bonds.

Courthouse Procedures

The Durham County Courthouse is located at 510 South Dillard Street. Expect a 30-45 minute wait to clear security, especially on Monday mornings. Aerosol cans, pocket knives, mace, brass knuckles, food, and drink are prohibited. Cell phones are currently permitted, but must be completely silenced.

DUI cases are typically heard in District Court, but are split among multiple courtrooms. Check the "Digital Docket" screens in the lobby and outside the nineteen courtrooms for your specific courtroom. Courtroom 1130 is frequently used for traffic and administrative dispositions.

Court sessions begin at 9:00 AM. The Assistant District Attorney (ADA) calls the calendar. You must be present when your name is called to avoid an Order for Arrest (OFA) and a Failure to Appear (FTA).

While there is no strict dress code, "Church Clothes" or "Job Interview" attire is expected. Avoid shorts, tank tops, or hats. Men should tuck in their shirts.

NCDMV License Logistics

Upon being charged with DWI (BAC ≥ 0.08 or refusal), your North Carolina driving privilege is immediately revoked for 30 days, regardless of guilt in the criminal case. This is a Civil Revocation (CVR).

After 30 days, restoring your license requires paying a $100.00 civil revocation fee to the Clerk of Court.

You can petition for a Limited Driving Privilege (LDP) after 10 days of the revocation. This requires a substance abuse assessment (approx. $100), proof of insurance (DL-123 form), and a petition to a District Court Judge, and another $100 fee. You cannot drive for the first 10 days.

The "10-Day Rule": To contest the license revocation (e.g., claiming you didn't refuse the breathalyzer), you must request a hearing in writing within 10 calendar days. If arrested on Friday the 1st, the deadline is Monday the 11th.

DMV hearings are not held in the courthouse. Most high-level hearings (Medical Review, Refusal) are centralized at the NCDMV headquarters in Raleigh (3231 Avent Ferry Road).

Local DMV offices (East on Miami Blvd, South on Roxboro St) are primarily for processing (reinstating the license after the fee is paid), not hearings.

The Durham Police Department Front Desk is located at 505 W Chapel Hill St, Durham, NC 27701.