Surry County License Hearing Guide

Surry County DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Surry County, North Carolina can be a devastating blow, impacting your ability to work, take care of your family, and simply live your life. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative license revocation (ALR) process handled by the North Carolina Division of Motor Vehicles (DMV). This guide focuses on the ALR process and how to protect your driving privileges.

Your License After a DUI Arrest in Surry County

While your criminal case deals with the charges against you in court, the ALR process determines whether the DMV will suspend your driver's license independent of the criminal proceedings. Even if your criminal case is dismissed or you are found not guilty, your license can still be suspended through the ALR process. Understanding this distinction is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is an absolute deadline. Missing this deadline will result in the automatic suspension of your driver's license. Don't delay!

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

• How to Request: Unfortunately, North Carolina doesn't offer online or phone ALR hearing requests. You must submit your request in writing, ideally via certified mail to ensure you have proof of timely submission. The address to send your request is:

NCDMV Hearing Section 3117 Mail Service Center Raleigh, NC 27697-3117

Your written request should clearly state that you are requesting an ALR hearing following your DUI arrest in Surry County on [Date of Arrest]. Include your full name, date of birth, driver's license number, and current address.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There is very little recourse if you miss this deadline. Act now!

Automatic License Suspension

Your license suspension will 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 concentration (BAC) was 0.08 or higher, your license will be suspended for 30 days, pending the outcome of your ALR hearing.
• Temporary Permit Valid Until Hearing or Suspension Begins: The officer likely issued you a temporary driving permit. This permit is valid until your ALR hearing or until the 30-day suspension period begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty. In North Carolina, if you refuse testing, your license will be automatically suspended for one year (12 months), regardless of whether you are convicted of DUI in criminal court.
• Implied Consent Law in North Carolina: North Carolina, like all states, has an implied consent law. This means that by driving on North Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing results in the automatic license suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to fight the license suspension before it takes effect (or continues if you refused testing).

What It Is

• Separate From Criminal Court: Remember, this is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not directly impact your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The 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 standard of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to show "preponderance of the evidence" that the suspension is justified, meaning it is more likely than not that the requirements for suspension were met.

How to Prepare

• Gather Evidence: This is where a DUI attorney can be invaluable. Evidence you might gather includes:
• Witness Statements: If anyone witnessed the traffic stop or your interactions with the officer, their statements can be helpful.
• Video Evidence: If dashcam or bodycam footage exists, obtaining it is crucial. Your attorney can help you request and review this footage.
• Medical Records: If you have any medical conditions that could have affected your performance on field sobriety tests, gather documentation.
• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A DUI attorney experienced in Surry County can guide you through the process, gather evidence, and represent you at the hearing. They understand the specific procedures and arguments that are most effective in these cases.
• Understand What You Can Challenge: At the ALR hearing, you can challenge several aspects of the DUI arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the chemical test was properly administered and the results were accurate.
• Whether you were properly informed of your rights regarding chemical testing (especially important in refusal cases).

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DMV did not meet its burden of proof, and your license is reinstated. This is the ideal outcome.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to and from work).

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a limited driving privilege (hardship license) in North Carolina.

• Eligibility Requirements: Generally, you must show that you need to drive for essential purposes, such as work, school, medical appointments, or taking care of family members. There's typically a waiting period before you can apply, even after a refusal.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as commuting to and from work, attending school, or obtaining necessary medical treatment.
• Costs and Application Process: Applying for a hardship license involves filing a petition with the court and paying a fee. You'll need to provide documentation supporting your need to drive.
• IID Requirement: Depending on the circumstances of your DUI arrest and the terms of your hardship license, you may be required to install 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 bargain, dismissal, or trial), you will need to meet certain requirements to reinstate your license. These typically include:
• Fees: Paying a reinstatement fee to the DMV.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility. This indicates that you have liability insurance coverage that meets the state's minimum requirements. You will likely need to maintain SR-22 insurance for several years.
• Classes/Programs That Must Be Completed: Completing any required alcohol education or treatment programs.

Surry County DMV Offices

Here are the closest DMV offices to Surry County. It is always advisable to call ahead to confirm hours and services offered.

• Mount Airy DMV License Plate Agency

• 216 Market St, Mt Airy, NC 27030

• Hours: Typically M-F 9am-5pm (Confirm with a call before visiting)

• Elkin DMV License Plate Agency

• 115 W Market St, Elkin, NC 28621

• Hours: Typically M-F 9am-5pm (Confirm with a call before visiting)

Special Programs

• Ignition Interlock Device Program: As mentioned, an IID may be required as part of a hardship license or as a condition of reinstating your license after a DUI conviction. This device prevents your vehicle from starting if it detects alcohol on your breath.
• Occupational License: This is essentially the same thing as a hardship license, which allows you to drive for work, school, or medical reasons.

This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Surry County, it is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and your driving privileges. The clock is ticking – don't delay!