Wilson County License Hearing Guide

Wilson County DUI License Suspension & ALR Hearing

Being arrested for a DUI in Wilson County, North Carolina, is a stressful and confusing experience. One of the most immediate concerns is your driver's license. It's crucial to understand that there are two separate processes at play: the criminal case in court, and an administrative process concerning your driving privileges managed by the North Carolina Department of Motor Vehicles (DMV). This guide focuses on the administrative side – specifically, how to navigate the license suspension process and the Administrative License Revocation (ALR) hearing. Time is of the essence. Act quickly to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Wilson County, you have only 15 DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

Where to Request: You must request this hearing from the North Carolina Division of Motor Vehicles (DMV). Technically, the authority rests with the Department of Public Safety (DPS), but the DMV handles the practical aspects.

How to Request: While specific online options might be available, the safest and most reliable method is to send a written request via certified mail, return receipt requested. This provides proof that you submitted your request on time. Your request should include:

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

Mail your request to:

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

Automatic License Suspension

Even if you request an ALR hearing, your license is still subject to an automatic suspension pending the outcome of that hearing. The length of the suspension depends on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for a specific period if the ALR hearing finds cause for suspension. This suspension typically begins .

The temporary driving permit issued at the time of your arrest is usually valid until the ALR hearing takes place or the start date of your suspension, whichever comes first. Keep this permit with you whenever you drive.

If You Refused Testing

Refusing to submit to a breath or blood test carries a much harsher penalty under North Carolina law. If you refused testing, your license will be suspended for a significantly longer period than if you failed the test. This is because of North Carolina's implied consent law.

Implied Consent Law in North Carolina: By driving on North Carolina roads, you implicitly consent to submit to chemical testing (breath or blood) if lawfully requested by a law enforcement officer who has reasonable grounds to believe you are driving under the influence. Refusal to submit to testing can result in an immediate license suspension, regardless of your actual BAC. The refusal penalty is .

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial to potentially saving your driving privileges.

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by the North Carolina DMV to determine whether your driver's license should be suspended due to your DUI arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decides License Suspension: The primary purpose is to determine if there was sufficient legal justification for the officer to stop you, arrest you for DUI, and request a breath or blood test.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show "substantial evidence" to support the suspension, not "beyond a reasonable doubt."

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of success.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that challenges the officer's version of events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Wilson County can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal nuances, can cross-examine witnesses, and present your case effectively.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding implied consent.
• Whether the breath or blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The DMV finds sufficient evidence to support the suspension of your license.
• Suspension Overturned: The DMV finds that the evidence is insufficient to support the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: The DMV may grant a restricted or hardship license, allowing you to drive for limited purposes (e.g., work, school, medical appointments) under specific conditions.

Hardship/Restricted License in North Carolina

Even if your license is suspended, you may be eligible for a hardship or restricted license, allowing you to drive under certain circumstances.

• Eligibility Requirements:
• What You Can Drive For: Typically, a hardship license allows you to drive for work, school, medical appointments, and other essential needs.
• Costs and Application Process:
• IID Requirement:

Getting Your License Back

Reinstating your driver's license after a DUI conviction requires fulfilling specific requirements. This process is separate from the ALR hearing outcome and applies after the criminal case is resolved.

After Criminal Case Concludes

• Reinstatement Requirements:
• Fees:
• SR-22 Insurance Requirement:
• Classes/Programs That Must Be Completed:

Wilson County DMV Offices

[Research and list the addresses and hours of operation for the Wilson County DMV/DPS offices. Include phone numbers if available. Example:]

• Wilson License Plate Agency: , [Phone Number], [Hours]
• Wilson DMV Driver License Office: , [Phone Number], [Hours]

Special Programs

• Ignition Interlock Device Program: [Explain the NC IID program, including eligibility requirements, costs, and how to apply. Research and update with correct information.]
• Occupational License: [Explain the NC Occupational License program, if available, including eligibility requirements and how it differs from a hardship license. Research and update with correct information.]
• [Include any other state-specific programs relevant to DUI offenders in North Carolina. Research and update with correct information.]

Disclaimer: This guide provides general information about DUI license suspension and ALR hearings in Wilson County, North Carolina. It is not intended as legal advice. It is essential to consult with a qualified DUI attorney to discuss the specific facts of your case and receive personalized legal guidance. Remember, the 15-day deadline to request an ALR hearing is critical. Act now to protect your driving privileges.