Bryan County License Hearing Guide

Bryan DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges!

Being arrested for a DUI in Bryan, Georgia is a serious situation that can have immediate and long-lasting consequences. One of the most pressing concerns is the potential suspension of your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case related to your DUI charge, and an administrative process handled by the Georgia Department of Driver Services (DDS) concerning your driving privileges. This guide focuses on the administrative side, specifically the potential license suspension and your right to an Administrative License Revocation (ALR) hearing. Time is of the essence!

CRITICAL DEADLINE: Request Your ALR Hearing Within 15 Days!

If you were arrested for DUI in Bryan, you have a very short window to request an ALR hearing to challenge the potential suspension of your driver's license. You have only 15 days from the date of your arrest to request this hearing. Missing this deadline means your license will be automatically suspended.

Where to Request Your ALR Hearing:

You must request your ALR hearing through the Georgia Department of Driver Services (DDS).

How to Request Your ALR Hearing:

While specific methods can vary, the DDS generally offers the following options for requesting an ALR hearing:

• Online: Check the Georgia DDS website (dds.georgia.gov) for online portals or forms specifically designed for ALR hearing requests. Look for sections related to DUI or license suspensions.
• Phone: Contact the DDS customer service line. Be prepared to provide information such as your name, date of birth, driver's license number, and the date of your DUI arrest. Inquire about the specific procedures for requesting an ALR hearing.
• Mail: Send a written request for an ALR hearing to the DDS address (check the DDS website for the most current mailing address). Your request should include your name, date of birth, driver's license number, the date of your DUI arrest, and a clear statement that you are requesting an ALR hearing to contest the suspension of your license. Certified mail with return receipt requested is highly recommended to prove timely submission.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. This suspension will begin a certain number of days after your arrest (typically 30 days), and you will lose your driving privileges. Don't let this happen! Act immediately.

Automatic License Suspension

The Georgia DDS can administratively suspend your license based on two primary reasons related to your DUI arrest:

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be subject to administrative suspension. The suspension period varies.

• BAC over 0.08: Your license will be suspended for a period determined by Georgia law. This period can vary, and repeat offenses carry harsher penalties.

You likely received a temporary driving permit at the time of your arrest. This temporary permit is typically valid until your ALR hearing is held, or until the automatic suspension begins (usually 30 days after your arrest) if you fail to request a hearing.

If You Refused Testing

Georgia, like most states, has an implied consent law. This means that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries significant consequences.

• Refusal Penalty: Refusing to take a breath, blood, or urine test will result in a much longer license suspension than failing the test. This suspension is often for a period of one year or more, even for a first offense.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a critical opportunity to challenge the administrative suspension of your driver's license. It's important to remember that this hearing is completely separate from the criminal case against you.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa. However, evidence presented at the ALR hearing can potentially be used in your criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DDS has sufficient legal grounds to suspend your driver's license based on the circumstances of your DUI arrest.
• Lower Burden of Proof than Criminal Trial: The DDS only needs to prove by a "preponderance of the evidence" (meaning more likely than not) that the suspension is justified. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone observed your driving or interactions with law enforcement)
• Dashcam or bodycam footage (if available)
• Medical records (if you have a medical condition that could affect your BAC reading)
• Any documentation that challenges the validity of the traffic stop or the administration of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Georgia law can provide invaluable assistance in preparing for and presenting your case at the ALR hearing. They understand the legal procedures, can identify potential weaknesses in the DDS's case, and can effectively advocate on your behalf. While the cost of an attorney is a factor, the potential loss of your driving privileges can have significant financial and personal consequences.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• The legality of the initial traffic stop
• The validity of the breath/blood test results (e.g., improper calibration of the breathalyzer machine)
• Whether you were properly informed of your implied consent rights
• Whether there was probable cause to arrest you for DUI

Possible Outcomes

The ALJ (Administrative Law Judge) presiding over your ALR hearing will make a determination based on the evidence presented. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the DDS has sufficient grounds to suspend your license.
• Suspension Overturned: The ALJ finds that the DDS has not met its burden of proof, and your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive for limited purposes (e.g., work, school, medical appointments).

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a restricted or hardship license that allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements for a restricted license vary depending on the reason for the suspension and your driving record. Generally, you must demonstrate a need to drive for essential purposes.
• What You Can Drive For: Restricted licenses typically allow you to drive for work, school, medical appointments, and other essential needs. The restrictions will be clearly outlined on your license.
• Costs and Application Process: There are fees associated with applying for a restricted license. You will need to complete an application and provide supporting documentation to the DDS.
• IID Requirement: Depending on the circumstances of your DUI arrest and your driving record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After the suspension period has ended and you have met all the requirements, you can reinstate your driver's license.

After Criminal Case Concludes

The outcome of your criminal DUI case can also affect your license. Even if you win the ALR hearing, a conviction in criminal court can result in a separate license suspension.

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the DDS.
• Provide proof of completion of any required DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Provide proof of SR-22 insurance (high-risk auto insurance) if required.
• Fees: Reinstatement fees vary and can be found on the DDS website.
• SR-22 Insurance Requirement: If you are required to carry SR-22 insurance, you will need to maintain this coverage for a specific period, typically three years.
• Classes/Programs that Must Be Completed: Completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required for license reinstatement after a DUI conviction.

Bryan DMV Offices

While Bryan itself may not have a full-service DDS office, nearby locations can assist with license reinstatement and other DDS-related matters. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on office locations and hours. You may need to travel to a nearby city like Savannah or Statesboro.

Special Programs

• Ignition Interlock Device Program: Georgia has an IID program that allows some drivers to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: An occupational license might be available, allowing you to drive for work purposes even under suspension in certain circumstances.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. It is essential to consult with a qualified Georgia DUI attorney to discuss your specific situation and legal options. Remember, the 15-day deadline for requesting an ALR hearing is critical. Act now to protect your driving privileges!