Rutherford County License Hearing Guide

Rutherford County DUI License Suspension & ALR Hearing

A DUI arrest in Rutherford County, North Carolina, can trigger two separate legal battles: a criminal case in court and an administrative action against your driver's license. This guide focuses specifically on the latter – the process that can lead to the suspension of your driving privileges, and how you can fight to keep your license. It's crucial to understand these procedures and act quickly, as strict deadlines apply. This guide is for informational purposes only, and should not be considered legal advice. Contact an attorney for advice on your specific situation.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Rutherford County, the North Carolina Department of Motor Vehicles (DMV) can suspend your driver's license administratively, meaning independently of the criminal court case. To challenge this suspension and potentially save your license, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.

Where to Request: You must request this hearing through the North Carolina Division of Motor Vehicles (DMV).

How to Request: While specific online options may be available (check the NCDMV website), it's strongly recommended that you request the hearing in writing, sent via certified mail with return receipt requested. This provides proof that you met the critical 15-day deadline.

Include the following information in your written request:

• Your full name
• Your driver's license number
• Your date of birth
• The date of your DUI arrest
• The name of the arresting officer and law enforcement agency
• A clear statement that you are requesting an ALR hearing to challenge the suspension of your driver's license.
• Your current mailing address and phone number

Send your request to:

North Carolina Division of Motor Vehicles Driver License Section 3148 Mail Service Center Raleigh, NC 27697-3148

What Happens If You Miss The Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so it's essential to act immediately. Don't delay – the clock is ticking!

Automatic License Suspension

Regardless of the criminal case outcome, the NCDMV can suspend your license based on the circumstances of your arrest. The reasons for this suspension depend on whether you took a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, you face an immediate 30-day suspension of your driver's license. This suspension will begin after the 30 day pre-trial limited driving privilege period.

• Temporary Permit: After your arrest, you should have received a temporary driving permit. This permit is typically valid until your ALR hearing or until the 30-day suspension period begins, whichever comes first. It allows you to drive until either your hearing is held (and your suspension is upheld) or until the 30-day suspension begins.

If You Refused Testing

• Refusal Penalty: North Carolina, like most states, has an implied consent law. This means that by driving on North Carolina roads, you've implicitly agreed to submit to chemical testing (breath or blood) if lawfully requested by a law enforcement officer. Refusing to submit to testing carries a significantly harsher penalty than failing the test. If you refused to take a breath or blood test, your license will be suspended for one year.

• Implied Consent Law in North Carolina: The implied consent law is a cornerstone of DUI enforcement. Refusal to submit to testing is often used against you in court as evidence of guilt.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's a separate proceeding from your criminal case, and it's crucial to understand the distinctions.

What It Is

• Separate From Criminal Court: The ALR hearing is conducted by the NCDMV, not the criminal court. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case. However, winning the ALR hearing can prevent your license from being suspended administratively, giving you more leverage in your criminal case.

• Decide If License Suspension Is Warranted: The hearing officer will determine whether the NCDMV had sufficient grounds to suspend your license. This involves reviewing evidence related to your arrest, including the officer's report, breath or blood test results (if any), and your driving record.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The NCDMV only needs to show by a "preponderance of the evidence" (more likely than not) that the suspension was justified. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): If there are any witnesses who can testify on your behalf, obtain their statements. If there's video evidence (e.g., from a dashcam or security camera) that could support your case, try to obtain it.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Rutherford County can be invaluable in preparing for and presenting your case at the ALR hearing. They can help you gather evidence, subpoena witnesses, and cross-examine the arresting officer. While you can represent yourself, navigating the legal complexities of an ALR hearing can be challenging.

• Understand What You Can Challenge: In an ALR hearing, you can challenge several aspects of the suspension, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether you were properly advised of your rights under the implied consent law.

• Whether the breath or blood test was properly administered and the results were accurate.

• Whether you actually refused to take the test (if applicable).

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the NCDMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the NCDMV did not have sufficient grounds to suspend your license, the suspension will be overturned, and your driving privileges will be restored.
• 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 circumstances (e.g., to and from work, school, or medical appointments). See the next section for more details.

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege, often referred to as a hardship license, in North Carolina.

• Eligibility Requirements: Generally, you may be eligible for a hardship license if:

• Your license is suspended for a first-time DUI offense.

• You haven't had your license suspended for a DUI in the past seven years.

• You have completed a substance abuse assessment and are complying with any recommended treatment.

• What You Can Drive For (Work, School, Medical): A hardship license typically allows you to drive only for essential purposes, such as:

• Traveling to and from work.

• Attending school or job training.

• Seeking medical treatment for yourself or a dependent.

• Costs and Application Process: The application process for a hardship license involves filing a petition with the court in the county where you reside. There are court costs associated with filing the petition. You will need to provide documentation to support your need for a hardship license, such as a letter from your employer or school.

• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of granting a hardship license. An IID is a device that requires you to blow into it before starting your car. If the device detects alcohol, the car will not start.

Getting Your License Back

Getting your full driving privileges restored after a DUI requires completing several steps, both after the ALR suspension and after the criminal case concludes.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case is resolved (whether through a plea bargain or a trial), you will need to meet certain requirements to reinstate your license. These requirements may include:

• Paying reinstatement fees to the NCDMV.

• Completing any court-ordered substance abuse treatment or education programs.

• Fees: Reinstatement fees vary depending on the length of the suspension and the reason for the suspension.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the NCDMV by your insurance company. This shows that you have the minimum required liability insurance coverage.

• Classes/Programs That Must Be Completed: The court may order you to complete a substance abuse assessment and any recommended treatment or education programs. Completing these programs is often a condition of reinstating your license.

Rutherford County DMV Offices

Unfortunately, Rutherford County does not have a full-service DMV location. The closest locations are:

• Forest City Driver License Office: 432 West Main Street, Forest City, NC 28043. Hours: Monday-Friday, 8:00 AM - 5:00 PM.
• Shelby Driver License Office: 900 N Lafayette St, Shelby, NC 28150. Hours: Monday-Friday, 8:00 AM - 5:00 PM.

It is advisable to check the NCDMV website (www.ncdot.gov/dmv) for the most up-to-date information on hours and services offered.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, the court may require you to install an IID in your vehicle as a condition of a restricted license or as part of your sentence after a DUI conviction.

• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes.

Remember, this guide provides general information and should not substitute for legal advice. Consult with a qualified DUI attorney in Rutherford County to discuss your specific situation and protect your rights. Time is of the essence after a DUI arrest, so don't delay in seeking legal assistance.