A fair hearing at the DMV? The DMV isn't a court. Your hearing on anything you are arrested for is in court, and you may want to consult with a lawyer about how that will go.
The DMV is administrative, they don't regularly do hearings.
You don't get hearings at the DMV that an administrative office not a court. So the answer is No the officer need not send your paperwork to DMV for a hearing.
If you have an attorney, you need to speak with him about this situation. I have encountered several instances when the officer fails to provide the DMV with the revocation order. When this occurs, I usually try to handle the DWI prior to the officer complying. If you can beat the DWI, you will have a better footing to beat the fact of a refusal (you are going to allege that the officer's failure to turn over the paperwork is causing additional harm not contemplated by the statute. You will lose at the DMV hearing, but you can appeal the decision to Superior Court . . . where you will have a much better chance of success). Get an attorney if you do not already have one. Best of luck.
If the officer has not sent in the refusal affidavit, you should still have your valid license, assuming you paid the reinstatement fee after the initial 30 day revocation. I assume you have called the DMV, and verified that they do not show a refusal revocation- because they are very strict with the hearing requirements to contest the refusal. You only have a 10 day period within which to contest the refusal. You can get a DMV hearing on this if you contest the refusal within 10 days, but I know it makes it difficult when you do not know when they will receive the refusal paperwork. One suggestion is to send a certified letter to the Raleigh DMV contesting the refusal when they have been slow in issuing the revocation. You DEFINITELY need a lawyer to sort this out and contest the refusal. And you need one who focuses their practice on NC DWI and Traffic charges, because the DMV administrative process is far less forgiving than the courtroom. And that really is not saying much when it is a DWI charge.
