Transylvania County DUI Guide

DUI Arrest in Transylvania County, NC: Complete Guide

Being arrested for Driving While Impaired (DWI) in Transylvania County can be a disorienting experience. According to data from the NC State Bureau of Investigation (SBI), the Transylvania County Sheriff’s Office alone processes approximately 105 DWI arrests annually. This figure doesn't include arrests by the Brevard Police Department or the North Carolina State Highway Patrol, suggesting a significantly higher county-wide total. This guide provides immediate, practical information to help you navigate the process, understand your rights, and take the necessary steps to protect your future.

Immediate Steps (First 24 Hours)

Following a DUI arrest in Transylvania County, here's a likely timeline of what to expect in the first 24 hours:

• Traffic Stop and Arrest: The initial stop might be conducted by the Transylvania County Sheriff’s Office (TCSO), the Brevard Police Department (BPD), or the North Carolina State Highway Patrol (NCSHP). These agencies actively cooperate on traffic enforcement in the county.
• Booking: You will be taken to the Transylvania County Detention Center for processing.
• Phone Call: You will be allowed to make a phone call. Use this opportunity to contact a loved one or an attorney.
• Breath or Blood Test: You will be asked to submit to a breathalyzer or blood test to determine your blood alcohol content (BAC). Refusal to submit to testing will result in an immediate one-year license revocation.
• Magistrate: You will appear before a magistrate who will set your bail and inform you of your initial court date.
• Release: You will be released from custody after posting bail or being released on your own recognizance (ROR), depending on the circumstances.
• License Seizure: If your BAC registers 0.08 or higher, or if you refuse the chemical test, the magistrate will seize your physical driver's license, initiating a 30-day immediate civil revocation (CVR).

Bail in Transylvania County: The amount of bail will depend on your criminal history, the circumstances of the arrest, and the magistrate's discretion.

Critical Deadlines

Missing deadlines can have severe consequences in a DUI case. Here are some crucial dates to keep in mind:

• ALR Hearing Request: If your license was seized due to a BAC of 0.08 or higher or a refusal to submit to testing, you have only 10 days from the date of the offense to request a hearing with the DMV to challenge the license revocation. Failure to request this hearing within 10 days results in automatic confirmation of a one-year suspension for refusal.
• Court Appearance Date: Your initial court date will be set by the magistrate at the time of your release. This is a mandatory appearance.
• Limited Driving Privilege (LDP): After 10 days of the 30-day civil revocation, you may be eligible for a Limited Driving Privilege (LDP) if you have no prior DWI convictions within 7 years, have completed or enrolled in a substance abuse assessment, and can provide proof of insurance (DL-123 form). A $100 filing fee is required to the Clerk of Court.

DUI Enforcement in Transylvania County

DWI enforcement is a high priority for law enforcement in Transylvania County, given the winding rural roads and the safety demands of the region. While specific checkpoint locations are not publicly advertised, participation in statewide "Booze It & Lose It" campaigns indicates a proactive approach to impaired driving enforcement. The Transylvania County Sheriff's Office reports roughly 167 total index crimes in recent drafts, making DWI arrests a substantial portion of the total booking volume.

Local Resources

• Brevard License Plate Agency (LPA): 20 E. Main St., Brevard, NC. Handles vehicle registration, titles, and plates. Note: This office cannot issue driver licenses, process hearings, or handle reinstatements.
• Hendersonville Driver License Office: 125 Baystone Dr., Hendersonville, NC. Offers extended hours, opening at 7:00 AM Monday-Friday. For license matters, defendants must travel to neighboring counties.
• Asheville Driver License Office: 1624 Patton Ave, Asheville, NC. Utilize the NCDMV "Skip the Line" online appointment scheduler to avoid excessive wait times.
• Counseling Center of Brevard (Substance Abuse Assessment): 4 West Main Street, Suite 12, Brevard, NC 28712. Phone: (828) 392-5239. Offers DWI assessments, ADETS, and treatment. Zoom groups are available.
• Blue Ridge Health - Transylvania (Substance Abuse Assessment): 29 West French Broad Street, Brevard. (828) 883-5550.
• Meridian Behavioral Health Services (Substance Abuse Assessment): 69 North Broad Street, Brevard. (828) 883-2708.
• Monitech (Ignition Interlock Device): Closest service center is in Arden (44 Buck Shoals Rd), roughly 20-30 minutes from Brevard.
• Smart Start (Ignition Interlock Device): 22 New Leicester Hwy, Unit G, Asheville, NC.

What Makes Transylvania County Different

Several factors make navigating a DUI in Transylvania County unique:

• Towing Costs: The City of Brevard's towing ordinance mandates the "true cost of towing," meaning defendants face the full market rate charged by towing companies without subsidized or capped rates. Storage fees can range from $30 to $75 per day.
• Vehicle Seizure: In cases involving "felony speeding to elude" or DWI while license revoked for an impaired driving offense, the vehicle may be seized by the state and transferred to a state contractor like Eastway Wrecker (877-DWI-TOWS).
• DMV Logistics: Transylvania County lacks a full-service Driver License Office. Residents must travel to Hendersonville or Asheville for license-related matters. The Hendersonville office's early opening hours (7:00 AM) may be beneficial.
• Judicial District 42: Transylvania County is part of District 42, which also includes Henderson and Polk counties. This consolidation influences court calendaring and pre-trial release conditions.
• Assessment Fees: The cost of a substance abuse assessment is statutorily set at $100.

Remember, the accumulated towing and storage fees constitute a mechanic's lien on the vehicle. These must be paid in full to the towing contractor before the vehicle is released. Contact Eastway Wrecker at 877-DWI-TOWS to inquire about seized vehicle release procedures.