Now you have to pay to challenge the DMV.
Prior to January 2018, if you had a pending license suspension or needed restoration, you could request a hearing with the DMV. It was fairly straightforward, you mailed off a request to the DMV hearing division; they would send you a letter stating who the hearing officer was and when and where the hearing was scheduled. Hearings would be scheduled months in advance due to a large number of requests.
Apparently the expense of conducting the hearings was quite a burden on the state so the legislature authorized NCGS 20-4.03 allowing the DMV to charge a fee for the most common types of hearings. Now, any hearings or requests for reinstatement require a substantial payment to be made at the time of application. A DWI refusal hearing is $450. The forms for the DMV hearing request can be found here: Hearing request.
There is a provision in the new law to allow for a fee waiver if the driver is indigent. The fee waiver looks at household income and family size to make a determination. The waiver’s can be found here: waiver. Since the inception of the fees the volume of DMV hearing requests has dropped dramatically. As a result, hearings are being scheduled within 2- 3 weeks from the time of application.
DMV Hearing Request Fees
Unfortunately, even if you win the hearing you will not get your fees back from the DMV. The current hearing fees are:
- Points Suspension $100
- Refused Chemical Testing $450
- Alcohol Concentration Restriction Violation $450
- Interlock Restriction Violation $450 / $50 processing fee
- Non Alcohol Related Suspension $100
- Financial Responsibility $200
- CDL Disqualification $200
- DWI Interview $225
- DWI Restoration Hearing $425
- Driving While License Revoked $200
- Ignition Interlock Medical Accommodation Review $70
- Ignition Interlock Mouth Contaminant Review $75
- Compliance Hearing $220
- Driver Improvement Conference $40
Lance Williams is an attorney at Minick Law, P.C. He manages the Gastonia and Mecklenburg offices. Attorney Williams focuses both on Criminal Defense and Personal Injury.