DWI Refusal Hearings

The fact that it has been reported to the North Carolina Department of Motor Vehicles (DMV) that you willfully refused a chemical analysis of your breath during a driving while impaired (DWI) investigation, does not automatically cause the forfeiture of your drivers license for one (1) year.  You are entitled, after receipt of notification from DMV informing you when the one (1) year suspension begins, to request a hearing on the alleged refusal.  There is a limited amount of time in which to request this hearing, once notification of the suspension is received.  The request for hearing on the alleged refusal stays the one (1) year suspension until the alleged refusal is heard by a DMV Hearing Officer.  At the hearing, a DMV Hearing Officer presides as both Prosecutor and Judge.  If the ruling by the DMV Hearing Officer is unfavorable, the only thing that is reviewed on appeal is the record that is created at this hearing.  Therefore, it is crucial to have a competent and experienced trial attorney assisting you through this legal process to help get the suspension set aside and/or create a thorough record that can be reviewed by a Superior Court Judge, just in case the matter has to be appealed.

Contact me now at eddk@eddkrobertslaw.com or give me a call at 919-782-8115 for a free consultation.

The information contained in this site is not intended to be legal advice. You should consult a lawyer for advice regarding your specific matter.