DMV Hearings – Now They Cost More Than Time
In North Carolina, a citizen’s privilege to drive can be revoked in many ways that require a restoration hearing in front of a DMV hearing officer before the citizen can have their privilege restored. For example, if someone refuses to submit to a chemical test (breath, blood or urine) during a DWI investigation in Wake County, the North Carolina DMV can revoke their license for the refusal. Under this circumstance, to avoid revocation, a driver must request a hearing before the DMV to fight the revocation. If a hearing is not requested, the driver’s license will be revoked for at least one year.
As of January 1, 2018, North Carolina drivers who request a drivers license hearing at the North Carolina DMV will be required to submit a hearing fee. Below is a list of the most commonly requested hearings, related fees, and when said fees must be submitted.
|Hearing Type||Statute||Fee||Pre/Post pay||Partial Refund Amount|
|Driver Improvement Clinic||NCGS 20-16(c)||$40||Pre||$20|
|CDL Drug Test||NCGS 20-325||$200||Pre||$50|
|Violation of Alcohol Restriction||NCGS 20-17.8||$450||Pre||$50|
|Refusal of Chemical Analysis||NCGS 20-16.2||$450||Pre||$50|
|License Restoration post-DWI conviction/DWLR Compliance Hearing||DMV||$220||Post||$50|
|Ignition Interlock Restriction Violation||NCGS 20-17.8||$450||Pre||$50|
|License Suspension||NCGS 20-16||$100||Pre||$50|
|DWLR and Moving Violation Suspensions||NCGS 20-28||$200||Pre||$50|
|DWI Interview for Restoration||NCGS 20-19||$225||Pre||$50
|DWI Hearing for Restoration||NCGS 20-19||$425||Pre||$50|
**This chart produced by the HLB Criminal Defense Team – 4/2/2018**
Any driver requesting a hearing must submit all required forms AND payment at the time of the request. Any requests made without payment will not be accepted or processed.
There is no guarantee that the North Carolina DMV will grant a hearing request even when all forms and payment is submitted in a timely manner. If a request is denied or cancelled, the payment will only be PARTIALLY refunded.
Some drivers may qualify for financial assistance depending on their household income and expenses. See the forms section of our website for a link to the DMV Hearing Request Form and Affidavit of Indigence.
Make sure you don’t throw away money on a hearing request in Wake County, Durham County, Johnston County, or Franklin County, that could be denied. Call us today and let the Hatch, Little & Bunn Criminal Defense Lawyers in Raleigh help you determine if you are eligible for a DMV hearing and when/how to request one.