Franklin County License Hearing Guide

Franklin County DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

Being arrested for a DUI in Franklin County, North Carolina, is a serious situation. You're likely worried about jail time, fines, and the impact on your future. But one of the most immediate concerns is your driver's license. It's crucial to understand that the process of losing your license after a DUI arrest is separate from the criminal case against you. This guide explains the administrative license revocation (ALR) process in Franklin County and how to fight to keep your driving privileges.

Your License After a DUI Arrest in Franklin County

Following a DUI arrest in Franklin County, North Carolina, the state initiates two separate legal processes.

• The Criminal Case: This involves the charges brought against you by the state for driving under the influence. It's handled in the Franklin County court system and can result in fines, jail time, and other penalties.

• The Administrative License Revocation (ALR) Process: This is a civil process managed by the North Carolina Division of Motor Vehicles (DMV) to determine whether your driver's license should be suspended due to the DUI arrest. This process is triggered by either failing a breath/blood test or refusing to submit to testing.

This guide focuses specifically on the ALR process and how to navigate the critical steps involved to protect your driving privileges. Understanding this process and acting quickly is essential.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! After being arrested for DUI in Franklin County, you have a very limited window to request an administrative hearing to challenge the suspension of your driver's license. You only have 15 DAYS from the date of your arrest to request this hearing.

Where to Request: You must request the hearing from the North Carolina Division of Motor Vehicles (DMV).

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

• Online: Check the North Carolina DMV website for online hearing request options. Look for sections related to DUI or license suspension hearings.
• Phone: Contact the North Carolina DMV's driver license division directly. The phone number should be available on their website.
• Mail: Send a written request for an administrative hearing to the designated address provided by the DMV. Make sure to include your name, address, driver's license number, the date of your DUI arrest, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to ensure proof of delivery.

What Happens If You Miss the Deadline? If you fail to request an administrative hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will take effect as indicated on the paperwork you received at the time of your arrest. Missing this deadline is a critical mistake that can significantly impact your ability to drive legally.

Automatic License Suspension

Your license can be automatically suspended following a DUI arrest in Franklin County under two primary circumstances:

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, you will face an immediate license suspension. The suspension period varies depending on the specific circumstances of your case and any prior DUI convictions. You will receive a notice of suspension at the time of your arrest.
• Temporary Permit: The arresting officer may have issued you a temporary driving permit. This permit is typically valid until your ALR hearing or until the date your suspension begins, whichever comes first. Pay close attention to the expiration date of this permit.

If You Refused Testing

• Refusal Penalty: Under North Carolina's implied consent law, you are legally obligated to submit to a breath or blood test if requested by a law enforcement officer during a DUI investigation. Refusing to take the test results in a much longer license suspension compared to failing the test.
• Implied Consent Law in North Carolina: By driving on North Carolina roads, you have implicitly consented to submit to chemical testing if there is reasonable suspicion that you are driving under the influence. Refusal to submit to testing carries severe penalties.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It is a crucial step in protecting your driving privileges after a DUI arrest in Franklin County.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding that is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DMV had sufficient legal grounds to suspend your driver's license based on the DUI arrest.
• 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 show "substantial evidence" to support the suspension, whereas the prosecution in a criminal trial must prove your guilt "beyond a reasonable doubt."

How to Prepare

Preparing effectively for your ALR hearing is essential for maximizing your chances of success.

• Gather Evidence: Collect any evidence that could support your case, such as witness statements, dashcam footage, or any documentation that challenges the basis for the DUI arrest or the accuracy of the breath/blood test.

• Consider Hiring a DUI Attorney: A qualified North Carolina DUI attorney can provide invaluable assistance in preparing for your ALR hearing. They can investigate your case, gather evidence, present legal arguments, and represent you at the hearing.

• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest 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/blood test was administered properly.

• Whether you were properly informed of your rights under implied consent law.

• Whether you actually refused the breath/blood test (if applicable).

Possible Outcomes

The ALR hearing can have one of several possible outcomes:

• Suspension Upheld: If the DMV presents sufficient evidence to support the suspension, your driver's license will remain suspended.
• Suspension Overturned: If you successfully challenge the basis for the suspension, your driver's 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 for essential purposes such as work, school, or medical appointments.

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege, also known as a hardship license or restricted license, in North Carolina.

• Eligibility Requirements: Generally, you must meet certain requirements, such as having no prior DUI convictions within a specified period, completing a substance abuse assessment, and demonstrating a genuine need to drive for essential purposes.
• What You Can Drive For: A restricted license typically allows you to drive only for specific purposes, such as commuting to and from work, attending school, or seeking medical treatment.
• Costs and Application Process: The application process for a restricted license involves submitting a petition to the court and paying associated fees.
• IID Requirement: The court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license. An IID prevents the vehicle from starting if it detects alcohol on your breath.

Getting Your License Back

Once your suspension period is over and you have fulfilled all the necessary requirements, you can reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: You will typically need to pay a reinstatement fee to the DMV.
• Fees: The reinstatement fee varies and is subject to change. Check the North Carolina DMV website for the current fee schedule.
• 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 also be required to complete a substance abuse education program or other court-ordered requirements before your license can be reinstated.

Franklin County DMV Offices

Special Programs

• Ignition Interlock Device Program: This program allows individuals with DUI convictions to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: In certain circumstances, you may be able to obtain an occupational license that allows you to drive for work-related purposes even while your license is suspended.
• [List any other relevant state-specific programs here]

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Franklin County, North Carolina, and should not be considered legal advice. Consult with a qualified North Carolina DUI attorney for advice specific to your situation. Time is of the essence - contact an attorney today!