Johnston County DUI Guide

DUI Arrest in Johnston County, NC: Complete Guide

Being arrested for DUI (Driving Under the Influence, also known as DWI – Driving While Impaired – in North Carolina) in Johnston County can be a disorienting experience. As one of the fastest-growing counties in North Carolina, Johnston County sees a significant volume of DUI enforcement, especially along major arteries like I-95 and I-40. In 2024, the Johnston County Sheriff’s Office reported 1,468 total index crimes, a figure that suggests a high operational tempo for law enforcement, impacting DUI enforcement as well. This guide provides immediate, practical steps you need to take now to navigate the legal process, protect your driving privileges, and understand the specific procedures in Johnston County.

Immediate Steps (First 24 Hours)

After a DUI arrest in Johnston County, here's a timeline of what to expect in the first 24 hours:

• Traffic Stop and Arrest: The process begins with a traffic stop, potentially at a checkpoint (authorized under N.C.G.S. 20-16.3A) or due to a moving violation. If the officer has probable cause based on Standardized Field Sobriety Tests (SFSTs), you will be arrested.
• Implied Consent and Chemical Testing: North Carolina law requires you to submit to a chemical analysis (breath, blood, or urine). Refusal can lead to immediate license suspension, even before a conviction. You'll be transported to a facility with a chemical analysis instrument.
• Transport to Detention Center: The primary testing facility in Johnston County is the Johnston County Detention Center in Smithfield. According to research, officers from outlying areas (e.g., Benson PD, Kenly PD) must travel to Smithfield, creating a "transport gap" in their local jurisdictions. Be aware this transport time can impact processing.
• Booking Process: At the Detention Center, you'll be booked, which involves fingerprinting, photographing, and recording your personal information.
• Phone Calls: You generally have the right to make a reasonable number of phone calls after booking to contact an attorney, family, or a bail bondsman.
• Magistrate Appearance: You'll be brought before a Magistrate who will determine the conditions of your pretrial release (bail).
• Release or Continued Detention: Depending on the circumstances, you may be released on a written promise to appear, an unsecured bond (no upfront cash), or a secured bond (cash or property required). The Magistrate may order you held until your BAC drops below a certain level (usually 0.05), a sober adult assumes custody, or 24 hours have elapsed.

Critical Deadlines

Several critical deadlines must be met to protect your rights and driving privileges:

• ALR Hearing Request: You typically have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the North Carolina Division of Motor Vehicles (NCDMV). This hearing is separate from your criminal case and determines whether your license will be suspended for refusing or failing the breathalyzer test.
• Court Appearance Date: Your first court appearance (arraignment) will be scheduled soon after your arrest. The date, time, and location will be on your release paperwork. Missing this date can result in a warrant for your arrest.
• License Suspension Timeline: If you failed or refused the breathalyzer test, your license will likely be suspended 30 days after your arrest, unless you request an ALR hearing and win. A DUI conviction will also lead to license suspension, the length of which depends on the specific circumstances of your case.

DUI Enforcement in Johnston County

Johnston County's strategic location along I-95 and I-40 makes it a focus for DUI enforcement. The Johnston County Sheriff’s Office (JCSO) and the North Carolina State Highway Patrol (NCSHP) are the primary agencies responsible for DUI enforcement. The JCSO is the primary law enforcement agency for the county's 176,000 unincorporated residents, handling a high volume of traffic offenses in rural zones where municipal police do not have jurisdiction. The NCSHP focuses primarily on state highways (NC-42, NC-210) and interstates (I-95, I-40).

While specific checkpoint locations are not always publicized, be aware of increased enforcement efforts during holidays and weekends. As the research suggests, the urban clusters of Clayton, Smithfield, and Selma, particularly along U.S. 70 and Highway 42, experience high traffic volumes synonymous with commuter behavior, leading to high-frequency stops.

Local Resources

• Johnston County Courthouse: (No courthouse data available yet, but typically located in Smithfield).
• Johnston County Detention Center: Located in Smithfield. This is the central intake hub for all agencies in Johnston County.
• Bail Bondsmen: (General info, no specific recommendations. Search online for licensed bondsmen in Johnston County).
• DUI Attorneys: (General info, no specific recommendations. Search online for qualified attorneys in Johnston County).

What Makes Johnston County Different

Several factors make DUI cases in Johnston County unique:

• Rural vs. Urban Enforcement: The county's mix of rural and urban areas impacts enforcement. The Johnston County Sheriff’s Office (JCSO) covers a large unincorporated area, meaning arrests in townships like Meadow or Micro can take deputies away from patrol for extended periods due to transport time to the Smithfield county seat.
• Agency-Specific Protocols: The arresting agency (JCSO, NCSHP, Smithfield PD, Clayton PD) determines the subsequent logistical flow of the vehicle and the defendant. The NCSHP, in particular, utilizes the "Rotation Wrecker" system, a state-mandated towing protocol.
• Domestic Violence Intersection: If the DUI charge is coupled with a domestic violence offense, a Magistrate cannot set bond for the first 48 hours. Bond must be set by a District Court Judge, which could mean a defendant arrested on a Friday night remains in the Johnston County Detention Center until Monday morning. Under N.C.G.S. 15A-534.1.
• Vehicle Seizure Laws: Be aware of the difference between a standard impound and a statutory seizure. If you are charged with DUI and were driving while your license was revoked for a prior impaired driving offense, or were without valid license and insurance, your vehicle may be seized by the state under N.C.G.S. 20-28.3.

To contact the Johnston County Clerk of Superior Court for information about your court date or case status, call .