How a DWI case moves through Dare County

1. Arrest, testing, and the magistrate

DWI arrests on the Dare County Outer Banks are made by town police in Kill Devil Hills, Nags Head, Kitty Hawk, Southern Shores, Duck, and Manteo, by the Dare County Sheriff's Office (which also covers Hatteras Island villages), and by the State Highway Patrol. After testing, the person is brought before a magistrate at the Dare County Detention Center, 1044 Driftwood Drive, Manteo.

The magistrate sets release conditions, which can include a written promise, an unsecured bond, or a secured bond. If the magistrate finds the person is impaired and a danger to themselves or others, North Carolina law allows them to be held until sober, or released to a sober, responsible adult (N.C. Gen. Stat. § 15A-534.2). For visitors, that responsible adult is often someone from the same rental house.

2. The 30-day civil revocation

If the result was 0.08 or more, or the test was refused, the magistrate orders the immediate 30-day civil revocation (§ 20-16.5). To contest it, request a hearing in writing at your initial appearance or within 10 days of the effective date. In Dare County, ask the clerk of court at the Justice Center ((252) 475-5200) or the magistrate where to file. See the 30-day revocation guide.

3. District court in Manteo

DWI cases are heard by a district court judge, without a jury, at the Dare County Justice Center, 962 Marshall Collins Drive, Manteo. Your court date is on your paperwork and can be checked on the court calendar. Missing a court date can lead to an order for arrest and a separate license revocation. Visitors should ask a lawyer whether they must travel back for each date.

4. Sentencing

If convicted, the judge holds a sentencing hearing and places the case in one of six levels, from Level Five to Aggravated Level One (§ 20-179). See the sentencing levels guide. A defendant convicted in district court can appeal to superior court for a new trial.

Corolla, Carova, and Ocracoke

Not every Outer Banks arrest is a Dare County case:

• Corolla and Carova are in Currituck County. Those cases are heard at the Currituck County Courthouse, 2801 Caratoke Highway, Currituck ((252) 232-6200).
• Ocracoke Island is in Hyde County. Those cases are heard in Hyde County court; the courthouse is at 40 Oyster Creek Road, Swan Quarter ((252) 926-4700), and Hyde County has a magistrate on Ocracoke ((252) 921-0230).

North Carolina law is the same in all three counties; the courthouse and the clerk are different.

Contacts

The local resources page lists every office above with an official address and phone number. Call ahead: hours and courtrooms can change.

This page is general information, not legal advice. Procedures, penalties, and deadlines can change; confirm with the clerk of court or a licensed attorney.