Lee County License Hearing Guide

Lee County DUI License Suspension & ALR Hearing

Just arrested for DUI in Lee County, North Carolina? Your driver's license is immediately at risk. This guide provides critical information about the Administrative License Revocation (ALR) hearing process and how to fight for your driving privileges.

A DUI arrest in Lee County triggers two separate legal processes: a criminal case in court and an administrative process with the North Carolina Department of Motor Vehicles (DMV). This guide focuses on the administrative process, specifically your license suspension and the ALR hearing. Understanding this process and acting quickly is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Lee County, you have a very limited time to request an Administrative License Revocation (ALR) hearing. You must request this hearing within 15 days of your arrest. This is a non-negotiable deadline.

Where to Request: The ALR hearing is requested through the North Carolina Division of Motor Vehicles (DMV).

How to Request:

• Online: The North Carolina DMV website (www.ncdot.gov/dmv) may offer an online portal for requesting an ALR hearing. Check the website immediately.
• Phone: Contact the North Carolina DMV customer service line. They can provide information on the specific procedures for requesting a hearing after a DUI arrest. Be prepared to provide your driver's license number, date of birth, and details of your arrest.
• Mail: While less common, you may be able to request a hearing by certified mail. Contact the DMV to confirm the correct address and required documentation. Keep a copy of your certified mail receipt.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule. Missing the deadline means accepting the suspension without a fight. Do not let this happen!

Automatic License Suspension

Even before your criminal case goes to court, your license can be suspended administratively. The grounds for this suspension depend on whether you took 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 content (BAC) was 0.08 or higher, you face an immediate license suspension. The length of the suspension varies depending on your prior record.
• Temporary Permit: Upon arrest, you likely received a temporary driving permit. This permit is usually valid until your ALR hearing or until the suspension officially begins, whichever comes first. Pay close attention to the expiration date of this permit.

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, refusing a test results in a longer license suspension than a failed test.
• Implied Consent Law in North Carolina: By driving on North Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so has serious consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's a critical step in protecting your driving privileges after a DUI arrest in Lee County.

What It Is

• Separate from Criminal Court: The ALR hearing is completely 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.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the DMV had sufficient grounds to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DMV only needs to prove by a preponderance of the evidence (more likely than not) that the suspension is justified. This is a lower standard than the beyond a reasonable doubt standard required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or medical records that might explain a high BAC reading.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Lee County ALR hearings can significantly increase your chances of a favorable outcome. They understand the law, the procedures, and how to effectively present your case. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and the evidence against you, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breathalyzer or blood test was properly administered and calibrated.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The hearing officer finds that the DMV had sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the DMV did not have sufficient grounds for the suspension, and your license is 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 under specific circumstances.

Hardship/Restricted License in North Carolina

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

• Eligibility Requirements: Generally, you must demonstrate a genuine need to drive for essential purposes, such as work, school, medical appointments, or court-ordered treatment. You must also meet certain requirements related to your DUI charge and driving record.
• What You Can Drive For: A restricted license typically specifies the allowed purposes and times of day you can drive. Violating these restrictions can lead to further penalties.
• Costs and Application Process: Applying for a restricted license involves filing paperwork with the court and paying associated fees. The process can be complex, and an attorney can provide valuable assistance.
• IID Requirement: In some cases, obtaining a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case concludes (whether through a plea agreement or trial), you must meet specific requirements to reinstate your license, as determined by the DMV.
• Fees: Reinstatement typically involves paying fees to the DMV.
• 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 be required to complete a substance abuse assessment and any recommended treatment programs, such as the Alcohol and Drug Education Traffic School (ADETS).

Lee County DMV Offices

Special Programs

• Ignition Interlock Device Program: Learn about the requirements and process for installing and maintaining an IID in your vehicle.
• Occupational License: Research the possibility of obtaining an occupational license if a standard hardship license is not sufficient for your employment needs.
• ADETS (Alcohol and Drug Education Traffic School): This is a mandatory program for many DUI offenders in North Carolina.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific situation and legal options.