Johnston County License Hearing Guide

Navigating a Johnston County DUI: What You Need to Know About the DMV

If you've been arrested for Driving While Impaired (DWI) in Johnston County, North Carolina, understanding the administrative processes with the North Carolina Division of Motor Vehicles (NCDMV) is just as critical as navigating the court system. The DMV can suspend your license independently of any court decision, and taking swift action is crucial to protect your driving privileges.

Initial License Suspension After a Johnston County DUI

Following a DWI arrest in Johnston County, you face an immediate, temporary license suspension. This suspension is triggered by two primary scenarios:

• Refusal to Submit to a Chemical Test: Under North Carolina's Implied Consent law, by driving on North Carolina roads, you've already agreed to submit to a breath or blood test if lawfully requested by a law enforcement officer. Refusal to comply results in an immediate, hard suspension of your license for one year.
• Blood Alcohol Concentration (BAC) of .08 or Higher: If your breathalyzer or blood test results register a BAC of .08 or higher, your license will also be suspended.

Crucially, you have only 10 days from the date of your DWI arrest to request a hearing with the DMV to challenge this initial suspension. This hearing is your first opportunity to contest the suspension and potentially regain your driving privileges. Miss this deadline, and the suspension automatically goes into effect.

Requesting Your DMV Hearing

To request your DMV hearing, you must submit a written request to the NCDMV Hearings Section. It's best to do this via certified mail to ensure proof of delivery.

The request should include:

• Your full name and address
• Your driver's license number
• The date of your arrest
• The reason for your hearing request (e.g., challenging the probable cause for the stop, the administration of the breath test, or the BAC results).

Send your request to:

NCDMV Hearings Section 3147 Mail Service Center Raleigh, NC 27699-3147

The DMV will then schedule a hearing, typically held at the DMV office in Smithfield or a nearby location. You'll receive a notice of the hearing date, time, and location.

Preparing for Your DMV Hearing in Johnston County

Your DMV hearing is an administrative proceeding, not a criminal trial. However, it's still vital to prepare thoroughly. Common challenges addressed in these hearings include:

• Legality of the Stop: Did the officer have reasonable suspicion to pull you over? Remember, with a Johnston County population density exceeding 272.7 persons per square mile in 2020, law enforcement in high-density corridors like U.S. 70 and Highway 42 have high-frequency stops.
• Probable Cause for Arrest: Did the officer have probable cause to believe you were impaired based on field sobriety tests (SFSTs)?
• Accuracy of the Breath Test: Was the Intoximeter EC/IR II machine properly calibrated and maintained? Was the 30-minute observation period correctly followed?
• Refusal Justification: If you refused the breath test, did the officer properly advise you of your rights and the consequences of refusal?

Gather any evidence that supports your case, such as witness statements, photos, or videos. Consider consulting with an attorney experienced in Johnston County DUI cases to help you prepare and present your case effectively.

The DMV Hearing Outcome and Next Steps

After the hearing, the DMV hearing officer will make a decision. If the hearing officer rules in your favor, your license will be reinstated. If the hearing officer upholds the suspension, your license will remain suspended.

Even if you lose the DMV hearing, it doesn't mean your criminal case is lost. The evidence presented at the DMV hearing can be valuable in your criminal defense. The criminal case will play out separately through the Johnston County court system, under the jurisdiction of Judicial District 12.

Vehicle Seizure vs. Impoundment

Remember that even after you regain your driving privileges with limited driving privileges or after the suspension has passed, the fate of your car is separate. If you're facing DWI charges in Johnston County, determine if your vehicle was impounded, or if it was seized by the state. If you were driving with a revoked license related to a prior impaired driving incident, you need to know if N.C.G.S. 20-28.3 applies because it might be forfeited.

Contact Information and Next Steps

The clock is ticking. To protect your driving privileges, immediately:

1. Request your DMV hearing in writing within 10 days of your arrest.
2. Consider contacting an attorney experienced in Johnston County DUI cases.
3. Gather information about the circumstances of your arrest, including the location, the officer's name, and the results of any chemical tests.
4. Consider attending any alcohol assessment or treatment programs that may be recommended.

For information regarding the Rotation Wrecker system or impound retrieval, contact the Johnston County Sheriff's Office at (919) 989-5000 or the relevant municipal police department based on where you were arrested (Smithfield PD, Clayton PD, etc.).

Don't delay. Taking prompt action can significantly improve your chances of a favorable outcome.