Barrow County License Hearing Guide

Your License After a DUI Arrest in Barrow County

A DUI arrest in Barrow County, Georgia, triggers two separate but related legal processes: a criminal case in court and an administrative license suspension (ALS) handled by the Georgia Department of Driver Services (DDS). This guide focuses on the ALS process, which determines whether your driver's license will be suspended. Understanding the deadlines and procedures is crucial, as a missed deadline can lead to an automatic suspension, regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in Barrow County, you have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (DDS). This deadline is strictly enforced.

To request a hearing, contact the Georgia DDS. While specific methods for requesting a hearing (online, phone, or mail) are not detailed in the provided research, you should contact the DDS immediately to determine the approved methods. The DDS is located in Conyers, GA.

Missing this 30-day deadline results in an automatic suspension of your driver's license. This suspension occurs independently of any criminal proceedings related to your DUI charge.

Automatic License Suspension

The grounds for automatic license suspension depend on whether you submitted to chemical testing (breath, blood, or urine) and the results, or whether you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies according to GA law §. The temporary driving permit issued at the time of your arrest is valid until your ALS hearing or until the suspension goes into effect.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a longer license suspension than failing the test under Georgia's implied consent laws. The implied consent law means that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal can result in a suspension of GA law §.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by the Georgia DDS and determines whether the suspension of your driver's license is warranted based on the circumstances of your arrest.

What It Is

The ALR hearing is an administrative hearing, not a criminal trial. The burden of proof is lower than in a criminal trial. The DDS must demonstrate that the officer had reasonable grounds to believe you were driving under the influence, that you were lawfully arrested, and that your BAC was 0.08 or higher (or that you refused testing).

How to Prepare

Preparing for your ALR hearing is essential. You should:

• Gather any evidence that supports your case, such as witness statements or video footage.
• Understand the specific issues you can challenge at the hearing. These may include the legality of the traffic stop, the accuracy of the breathalyzer device, or whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The DDS upholds the suspension of your license.
• Suspension Overturned: The DDS rescinds the suspension, and your driving privileges are restored.
• Restricted/Hardship License Granted: The DDS grants you a limited driving permit, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a restricted or hardship license in Georgia. Eligibility requirements vary, but generally, you must demonstrate a need to drive for work, school, medical care, or attending court-ordered classes.

A restricted license specifies the times, locations, and purposes for which you can drive. The costs and application process vary. You may be required to install an ignition interlock device (IID) on your vehicle as a condition of receiving a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps. The specific requirements depend on the outcome of your criminal case and the length of your suspension.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DDS.
• Fees: The reinstatement fee amount varies.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a specified period.
• Classes/Programs That Must Be Completed: You may need to complete a DUI Alcohol or Drug Use Risk Reduction Program, also known as DUI School. Project ADAM is a non-profit entity that dominates the court-mandated substance abuse evaluations and statutory Risk Reduction programs in Barrow County.

Barrow County DMV Offices

The Georgia Department of Driver Services (DDS) handles license reinstatements and related matters. While specific local DDS office information for Barrow County is not available in the provided research, you can locate the nearest DDS office using the Georgia Department of Driver Services (DDS) website.

Special Programs

• Ignition Interlock Device Program: If required, you must install and maintain a certified IID on your vehicle.
• DUI Alcohol or Drug Use Risk Reduction Program: Completion of this program is often required for license reinstatement.

Frequently Asked Questions

1Where will my car be towed if I'm arrested for DUI in Barrow County?

Your vehicle will be towed by a private non-consensual towing provider on rotation with the Barrow County Sheriff's Office or Winder Police Department. Contact the Barrow County Sheriff’s Office at (770) 307-3080 or the Winder Police Department at (770) 867-2156 to find out which company towed your vehicle.

2How long do I have to request an ALR hearing in Barrow County after a DUI arrest?

You have 30 calendar days from the date of your arrest to request an ALR hearing with the Georgia DDS. Missing this deadline results in an automatic license suspension.

3What is Project ADAM, and how does it relate to my DUI case in Barrow County?

Project ADAM is a non-profit entity that dominates the court-mandated substance abuse evaluations and statutory Risk Reduction programs in Barrow County. You may be required to participate in Project ADAM programs as part of your sentence or to reinstate your driving privileges.