Lenoir County License Hearing Guide

Lenoir County DUI License Suspension & ALR Hearing

(A DUI arrest in Lenoir County doesn't just mean criminal charges. It also triggers an administrative process that could lead to your driver's license being suspended. Act fast! This guide explains what you need to know and what steps you should take now.)

A DUI arrest in Lenoir County, North Carolina, initiates two separate legal processes: a criminal case and an administrative license revocation (ALR) proceeding. While the criminal case addresses the DUI charge itself, the ALR process focuses solely on your driving privileges. It's crucial to understand that these are distinct, and the outcome of one doesn't automatically determine the outcome of the other. Even if you're acquitted in criminal court, your license can still be suspended through the ALR process. This guide focuses on the administrative side, specifically the potential license suspension and how to fight it.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have only 15 days from the date of your DUI arrest in Lenoir County to request an administrative hearing to challenge your license suspension. Missing this deadline results in an automatic license suspension.

• Where to Request: The hearing request must be filed with the North Carolina Division of Motor Vehicles (DMV). While the DMV handles the request, the hearing itself is technically conducted under the authority of the Department of Public Safety (DPS). Don't let the terminology confuse you; the DMV is your point of contact for initiating the process.

• How to Request: You can request the hearing through the following methods:

• Online: Check the North Carolina DMV website for online hearing request options. Look for sections related to "DUI," "Administrative License Revocation," or "ALR Hearing Request."

• Phone: Contact the North Carolina DMV at the number listed on your temporary driving permit or on the DMV website. Inquire about the procedure for requesting an ALR hearing over the phone. Be prepared to provide your driver's license number and other identifying information.

• Mail: While less common, you can also request the hearing in writing by sending a certified letter to the North Carolina DMV headquarters. Include your full name, driver's license number, date of arrest, arresting agency, and a clear statement requesting an Administrative License Revocation (ALR) hearing. Important: Send the letter via certified mail with return receipt requested to ensure proof of timely submission.

• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your North Carolina driver's license will be automatically suspended. This suspension will begin on a date specified by the DMV and will continue for a predetermined period depending on the circumstances of your arrest (see below). There are very few exceptions to this rule, making it absolutely critical to act quickly.

Automatic License Suspension

Even before your criminal case is resolved, your license may be automatically suspended administratively. The grounds for suspension depend on whether you submitted to a breath/blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for a period determined by North Carolina law. The length of the suspension can vary depending on prior offenses and other aggravating factors.

• Temporary Permit Valid Until Hearing or Suspension Begins: Upon arrest, you likely received a temporary driving permit. This permit allows you to drive legally for a limited time, usually until your ALR hearing or until the date your suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a more severe penalty than failing the test. In North Carolina, refusing to take the test will result in a longer license suspension than failing the test.

• Implied Consent Law in North Carolina: North Carolina, like all states, has an implied consent law. This law states that by operating a motor vehicle on public roads, you have implicitly consented to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusal to submit to testing is a separate violation with its own penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license.

What It Is

• Separate from Criminal Court: It's vital to remember that the ALR hearing is entirely separate from your criminal DUI case. The hearing officer is not a judge and the process is administrative, not criminal.

• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the state had sufficient grounds to suspend your license based on the circumstances of your arrest.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to prove that it had reasonable grounds to believe you were driving while impaired, not beyond a reasonable doubt as in a criminal case.

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): Gather any evidence that supports your case. This might include witness statements, dashcam footage, or anything else that casts doubt on the accuracy of the breath/blood test or the legality of the traffic stop.

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A Lenoir County DUI attorney experienced in ALR hearings can help you understand your rights, gather evidence, and present a strong defense. An attorney can also negotiate with the DMV on your behalf.

• Understand What You Can Challenge: You can challenge various aspects of the state's case, including:

• The legality of the initial traffic stop.

• Whether the officer had reasonable suspicion to believe you were driving while impaired.

• The accuracy and reliability of the breath/blood test.

• Whether the officer properly advised you of your rights, including your right to refuse testing and the consequences of refusal.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the state had sufficient grounds to suspend your license, the suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the state did not have sufficient grounds, your 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 under certain conditions (see below).

Hardship/Restricted License in North Carolina

Even with a suspended license, you may be eligible for a hardship or restricted license in North Carolina, which allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility for a hardship license typically requires a period of suspension to have already passed, completion of a substance abuse assessment, and proof of need (e.g., for work, school, or medical appointments).

• What You Can Drive For (Work, School, Medical): A hardship license typically restricts driving to essential purposes, such as commuting to and from work, attending school, or seeking medical treatment.

• Costs and Application Process: The application process for a hardship license involves submitting an application to the court and providing supporting documentation. There are associated fees. Consult with a DUI attorney or the North Carolina DMV for specific requirements and costs.

• IID Requirement: In some cases, a hardship license may require the installation of an ignition interlock device (IID) in your vehicle. An IID prevents the vehicle from starting if it detects alcohol on your breath.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the North Carolina DMV, providing proof of insurance, and completing any required substance abuse treatment programs.

• Fees: Expect to pay a reinstatement fee to the DMV.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility proving that you have adequate liability insurance.

• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI conviction, you may be required to complete a substance abuse assessment and any recommended treatment programs.

Lenoir County DMV Offices

Contact the following DMV office for assistance:

• Kinston DMV Driver License Office:

Special Programs

• Ignition Interlock Device Program: As mentioned above, the ignition interlock device program may be required for hardship licenses or after a DUI conviction.
• Occupational License: This is another term for the hardship/restricted license described above.
• Any State-Specific Programs: Check with your attorney or the DMV for any other specific programs related to DUI offenses in North Carolina.

Disclaimer: This information is for general guidance only and does not constitute legal advice. You should consult with a qualified DUI attorney in Lenoir County, North Carolina, for personalized advice regarding your specific situation. Act quickly to protect your driving privileges!