As a DWI Refusal Hearings Attorney in Raleigh, I know that the fact that it has been reported to the North Carolina Department of Motor Vehicles (NCDMV) that you willfully refused a chemical analysis of your breath during a driving while impaired investigation does not automatically cause the forfeiture of your driver’s license for one (1) year. You are entitled, after receipt of notification from NCDMV 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 DWI refusal stays the one (1) year suspension until it is heard by a NCDMV Hearing Officer. At the hearing, a NCDMV Hearing Officer presides as both Prosecutor and Judge. If the ruling by the NCDMV 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 Raleigh DWI refusal hearings attorney guiding you through this process to help get the suspension set aside and/or create a thorough record that can be reviewed by a Superior Court Judge, in case the matter has to be appealed.
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