Beginning in January 2018, DMV plans to assess fees for driver’s license revocation or reinstatement hearings, and it has been rumored that the fees may be as high as $450. This includes restoration hearings after a Permanent DWI revocation, restoration hearings after a 2-year revocation after 2 DWIs within 3 years, Refusal hearings if a Law Enforcement Officer alleged that you did not blow hard enough on the Intox EC/IR II, and hearings to determine whether a person whose license has been restored following a DWI has violated a condition of the reinstatement.
Here are a few examples of DMV Hearing Fees:
· $75.00 for an ignition interlock mouth contaminant review to determine compliance with the requirements of the Ignition Interlock Program and of a conditional restoration agreement.
· $70.00 for an ignition interlock medical accommodation review.
· $100.00 for all other license suspension or revocation hearings which do not have a specific fee listed.
· $450.00 for hearings conducted for violations of an alcohol concentration restriction (ACR), violation of an ignition interlock device restriction, or refusal to submit to a chemical analysis;
· $200.00 for a hearing related to a commercial driver license (CDL) disqualification;
· $200.00 for a restoration hearing related to a license suspension due to driving while license revoked or moving violation;
· $225.00 for an interview held prior to a license restoration hearing in situations involving alcohol-related convictions, suspensions, or revocations;
· $220.00 for hearings about compliance with restoration agreements;
· $200.00 for a dealer license or salesman license hearing under G.S. 20-295 and G.S. 20-296;
Mr. Dummit is scheduled to attend a Public forum being held in Raleigh on September 25th 2017, and will post more details then.
There are some hearings which the DMV will hold without upfront payment of a fee. You will not be charged if you win, but you will be charged if you lose. These include compliance review of the ignition interlock program when conditionally restored; and month contaminate interlock hearings.
In addition to adding filing fees, the new statute now requires that any request for an administrative hearing before DMV be in writing. While the fees will hurt, our Firm believes requiring a written request for hearing could actually be a good thing. It will give you notice that you truly should have an Experience Interlock Attorney represent you at the hearing.
Mr. Dummit is routinely contacted by people saying that they “went to a simple hearing about their ignition interlock and were ambushed and lost their privilege to drive because the interlock constantly malfunctions.”
For may people our Firm has been able to appeal the hearing (an expensive procedure which includes suing the DMV in Superior Court and getting restraining Orders) but for many more, they missed their window, and did not know that they could and SHOULD be represented by an Attorney.
Here is the current new laws on point.
19A NCAC 03K .0101 ASSESSMENT OF ADMINISTRATIVE HEARING FEES
(a) The Division shall provide notice to the applicant of a right to an administrative hearing, the procedure for requesting a hearing, the applicable fee for a hearing, and statutory deadline, if any, to timely request a hearing.
(b) The fee for each type of hearing provided by the Division shall be set forth in 19A NCAC 03K .0102.
(c) A hearing request shall be submitted in writing and shall include the applicable fee listed in the Division’s notice to the applicant as listed in Paragraph (a) of this Rule. A request for hearing will neither be accepted by