New Hanover County DUI Guide

DUI Arrest in New Hanover County, NC: Complete Guide

Being arrested for DUI in New Hanover County can be a confusing and frightening experience. This guide provides immediate, practical information to help you navigate the process, understand your rights, and take the necessary steps to protect your future. Understanding the nuances of New Hanover County's specific procedures, especially the bifurcated towing system, is crucial in the crucial hours after your arrest. This guide will give you that understanding.

What Happens After a DUI Arrest in New Hanover County

A DUI arrest in New Hanover County sets in motion a series of legal and administrative processes. You'll face immediate concerns like getting out of jail and retrieving your vehicle, followed by court appearances and potential license suspension. This guide breaks down these steps, providing critical information unique to New Hanover County. A particularly important factor to understand is the potential for statutory seizure of your vehicle, especially if you have prior offenses or were driving without a valid license.

Immediate Steps (First 24 Hours)

Here's a timeline of what typically happens in the first 24 hours after a DUI arrest in New Hanover County:

• Arrest: You're pulled over by law enforcement (likely Wilmington Police Department or New Hanover County Sheriff's Office) and, following field sobriety tests and/or breathalyzer, arrested for DUI.
• Booking: You'll be transported to the New Hanover County jail in Castle Hayne for booking. This involves fingerprinting, photographing, and processing your arrest.
• Phone Calls: You'll be allowed to make phone calls, typically after the booking process is complete. Use this opportunity to contact a family member, friend, or attorney.
• Bail: A magistrate will set your bail amount based on the Suggested Bail Bond Schedule for Judicial District 5. However, they have discretion to deviate from this schedule based on your risk assessment. For a first-time DWI with a low BAC and strong community ties, an Unsecured Bond might be possible, meaning you sign a pledge to pay a certain amount if you fail to appear in court. For most DWI cases, a Secured Bond, requiring cash, property, or a bondsman, is standard. Be aware of "CUST" (Custody Release): even if bond is paid, you may be detained until your BAC is below 0.05 or a "sober, responsible adult" takes custody.
• Release: Once bail is posted (or if released on an unsecured bond), you'll be released from jail with a court date.

A key thing to note is the dreaded "Blue Sheet" (AOC-CR-200 form) which records your release conditions. No bond hearing can proceed without this document physically present in Courtroom 100. This means that the Sheriff's Department must transport this document from the jail in Castle Hayne to the courthouse downtown. Any delay in this transport can delay your hearing even if everyone is ready to proceed.

Critical Deadlines

• ALR Hearing: You have a limited time (usually 15 days from the date of arrest) to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver's license. Missing this deadline results in automatic license suspension.
• Court Appearance: Your court date will be listed on your release paperwork. Missing this date can result in an Order for Arrest.
• License Suspension: If you don't request an ALR hearing or if you lose the hearing, your license will be suspended, the length depending on the circumstances of your case.

DUI Enforcement in New Hanover County

While specific DUI checkpoint locations are not publicly released, be aware that the Wilmington Police Department and New Hanover County Sheriff's Office actively conduct DUI enforcement throughout the county. Keep an eye out for increased patrols during holidays and special events.

Local Resources

• New Hanover County Courthouse: 316 Princess Street, Wilmington, NC 28401
• New Hanover County Clerk of Court: (910) 772-6600
• Wilmington Police Department: 615 Bess St, Wilmington, NC 28401, (910) 343-3600
• New Hanover County Sheriff's Office: 395Government Center Dr, Wilmington, NC 28403, (910) 798-4200
• Bail Bondsmen: (Search online for licensed bail bondsmen in Wilmington, NC)
• DUI Attorneys: (Search online for qualified DUI attorneys in Wilmington, NC)

What Makes New Hanover County Different

New Hanover County has unique aspects to its DUI procedures that you need to be aware of:

• The Bifurcated Towing System: This is arguably the most critical factor. If this is your first offense and you had a valid license, your car will likely be towed under standard municipal procedures. However, if your license was revoked for a prior DWI, or you had no insurance, your vehicle is subject to Statutory Seizure under N.C.G.S. 20-28.3.
• Statutory Seizure and Martin Edwards & Associates (MEA): If your vehicle is subject to statutory seizure, it will eventually be transferred to MEA's facility in Linden, NC (Cumberland County), approximately 95 miles (2 hours) from Wilmington. You only have a five-day window to recover your vehicle locally before it's moved to Linden, significantly increasing the cost and inconvenience.
• "Innocent Owner" Defense: If someone else owns the vehicle you were driving (e.g., a spouse, parent, or employer), they can petition the court to get it back, but the burden of proof is on them to show they didn't know you were driving illegally.
• Expedited Sale Provision: If your vehicle is worth less than $1,500, MEA can sell it after 90 days, even before your criminal case is resolved, potentially leaving you without transportation and only a small amount of money after towing and storage fees.
• Parking at the Courthouse: Parking around the New Hanover County Judicial Building (316 Princess Street) is limited and strictly enforced. Metered street parking has 2-hour limits, which may not be sufficient for court appearances. Parking decks are available but add a "court tax" of $10-$15 per appearance. Private lots aggressively tow unauthorized vehicles.
• Electronics Ban: Cell phones and other electronics are prohibited in the courthouse for the general public. There are no storage lockers, so plan accordingly.
• The "Blue Sheet" Bottleneck: The AOC-CR-200 form ("Blue Sheet") is required for bond hearings. Delays in transporting this form from the jail to the courthouse can delay your release.
• eCourts Transition: New Hanover County transitioned to the Odyssey eCourts system in early 2025. While promising a paperless future, the transition has caused operational friction and potential delays.

To begin the process of recovering a vehicle seized under N.C.G.S. 20-28.3, start by contacting the New Hanover County Clerk of Court at (910) 772-6600 to inquire about the process for petitioning for release or challenging the seizure.