How a DWI case moves through Buncombe County

1. Arrest, testing, and the magistrate

DWI arrests in Buncombe County are made by the Asheville Police Department, the Buncombe County Sheriff's Office, the State Highway Patrol, and town police such as Black Mountain, Weaverville, Woodfin, and Montreat. After testing, the person is brought before a magistrate. The criminal magistrate's office is at 20 Davidson Drive, Asheville, with the Buncombe County Detention Center.

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).

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 Buncombe County, ask the clerk of court at 60 Court Plaza ((828) 259-3400) or the magistrate where to file. See the 30-day revocation guide.

3. District court

DWI cases are heard by a district court judge, without a jury, at the Buncombe County Courthouse, 60 Court Plaza. The prosecutor is the District Attorney for District 40. 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.

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.

5. Your license after the case

A conviction revokes the license through NCDMV, for one year on a first offense. An eligible driver may get a limited driving privilege, and restoration requires a DWI assessment and completion of any recommended program. Asheville's NCDMV driver license office is at 1624 Patton Ave. See the limited driving privilege guide.

If the arrest was in Henderson County

Hendersonville, Fletcher, Mills River, Laurel Park, and the Asheville airport area are in Henderson County. The North Carolina steps above are the same, but the magistrate, the clerk, and district court are in Hendersonville, at the Henderson County Courthouse, 200 N Grove St. People arrested there are held at the Henderson County Detention Center, behind the Sheriff's Office on First Avenue East. Ask the Henderson County clerk where to file a written request to contest the 30-day civil revocation. Addresses and phone numbers are under Henderson County on the local resources page.

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.