Nash County Court Process

Navigating a Nash County DWI Arrest: A Detailed Guide

If you've been arrested for DWI in Nash County, North Carolina, understanding the local procedures is crucial. The process begins the moment you're pulled over and extends far beyond the courtroom. This guide provides specific information about what to expect, from sobriety checkpoints to license revocation.

Sobriety Checkpoints in Nash County

Nash County law enforcement utilizes sobriety checkpoints, also known as checking stations, to detect impaired drivers and verify licenses. These checkpoints are governed by strict rules outlined in N.C.G.S. § 20-16.3A and must adhere to a written policy. Officers cannot arbitrarily select vehicles; instead, they must follow a pre-determined pattern, such as stopping every third vehicle. Common checkpoint locations include the interchanges of US 64 near Nashville and arterial routes entering Rocky Mount like Sunset Avenue and Wesleyan Boulevard. If you encounter a checkpoint, remain calm, provide the requested documentation (license, registration, insurance), and answer questions truthfully. Remember that recent court decisions emphasize that these checkpoints must primarily focus on regulatory purposes like license and insurance verification, not general crime control.

Nash County Detention Center: What to Expect After Arrest

Following a DWI arrest, you will be taken to the Nash County Detention Center, located at 222 West Washington Street, Nashville, NC 27856. This facility serves as the central intake point for all law enforcement agencies in the county. The detention center houses 259 male and 36 female inmates.

The booking process includes:

• Medical Screening: A preliminary assessment to determine if you require medical attention due to alcohol poisoning or withdrawal.
• Chemical Testing: If a breath test wasn't administered roadside, you'll be asked to take one using the Intoxilyzer EC/IR II. Refusal results in an immediate report to the DMV, leading to license revocation.
• Property Intake: Your personal belongings will be cataloged and stored. Note that you cannot bring personal items into the facility; necessities must be purchased through Kimball's Commissary Company.

Communication with the Outside World:

• Inmate Mail: Personal mail must be sent to a third-party processing center: PO Box 18247, Greensboro, NC 27419. Legal mail is the only exception and can be sent directly to the detention center.
• Visitation: Physical contact visits are generally not allowed. Video visitation is available through iWebVisit, costing $4.50 per 15-minute interval.
• Inmate Funds: Deposits for commissary and phone calls can be made via kiosks in the lobby or online through "Inmate Canteen" or "Cash Pay Today."

Bond and the Magistrate: Securing Your Release

Your initial appearance before a magistrate determines your release conditions. The Pretrial Integrity Act (S.L. 2023-75) significantly impacts this process. If you have a pending DWI or other Chapter 20 offense, the magistrate must deny release, resulting in a 48-hour hold until you can appear before a District Court Judge. This can create a "weekend bottleneck" at the detention center.

For first-time offenders, the magistrate uses a recommended bond schedule. Options include:

• Written Promise to Appear: Common for Level 5 DWI cases with no aggravating factors.
• Unsecured Bond: A monetary amount is set, but no money is required upfront unless you fail to appear.
• Secured Bond: Required for higher-risk defendants. The range for Class H and I felonies (including Habitual DWI) is typically $5,000 - $25,000.

A magistrate can also order a "sobering hold" under N.C.G.S. § 15A-534.2, keeping you detained until your BAC drops below 0.05 or for 24 hours, regardless of your ability to post bond.

If a secured bond is required, bail bonding services like Amistad Bail Bonds operate 24/7 near the Nashville courthouse. The premium is capped at 15% of the bond amount (e.g., $300 for a $2,000 bond).

Vehicle Impoundment and Towing

Your vehicle's fate after a DWI arrest depends on the circumstances. The NCSHP and NCSO use a Rotation Wrecker List to ensure fair and rapid towing services. Towing companies on the rotation for the Nashville/Rocky Mount area include Coastal Wrecker Service (252-977-1025), Ralph's Wrecker Service (252-442-7894), and Taylor’s Exxon (252-459-7100). Base tow rates for passenger vehicles often start around $200-$370, with storage fees ranging from $30 to $50 per day.

If your license was revoked for a prior impaired driving offense at the time of the DWI arrest, your vehicle is subject to immediate seizure under N.C.G.S. § 20-28.3. The vehicle is impounded and "frozen," requiring a court order for release. Even an "innocent owner" must pay all towing and storage fees before the vehicle can be released.

Navigating the Nash County Courthouse

Your case will be processed at the Nash County Courthouse, located at 234 West Washington Street, Nashville, NC 27856. The courthouse operates Monday through Friday, 8:00 AM to 5:00 PM. Free parking is available, but spaces are limited.

Important Courthouse Rules:

• Dress Code: Shorts, tank tops, hats, flip-flops, and clothing with profane language are prohibited.
• Electronics Policy: Cell phones and other electronic devices are generally prohibited and must be left in your vehicle.

Nash County is part of Judicial District 8, overseen by Chief District Court Judge Wayne S. Boyette and District Court Judges Pell C. Cooper, Tia Hudgins Taylor, and Caroline Farris Quinn. District Attorney Jeff Marsigli leads the 8th Prosecutorial District. The Clerk of Superior Court can be reached at 252-220-3000.

Nash County implemented eCourts (Track 8) in April 2025, transitioning to digital files. You can search case statuses and court dates online through the "Portal."

Administrative License Revocation

A DWI arrest triggers immediate administrative action by the NCDMV. If your BAC is 0.08 or higher, you'll receive an immediate 30-day civil revocation, and your physical license will be seized. After 10 days, you can petition the court for a Limited Driving Privilege (LDP), requiring proof of insurance (DL-123) and a substance abuse assessment.

To begin the process of obtaining a Limited Driving Privilege, contact the Nash County Clerk of Court at 252-220-3000 to inquire about the specific requirements and procedures.