Calhoun County License Hearing Guide

Calhoun DUI License Suspension & ALR Hearing: Save Your Driving Privileges

A DUI arrest in Calhoun, Georgia, triggers two separate legal processes: a criminal case in court and an administrative action regarding your driver's license. This guide focuses on the administrative process, specifically how to fight the potential suspension of your driver's license through an Administrative License Revocation (ALR) hearing. Time is of the essence! Your ability to drive is on the line, and failing to act quickly could result in a suspended license before your criminal case even begins.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

After a DUI arrest in Calhoun, you have a very limited window – only 15 days – to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license.

• Where to Request: You must request the hearing from the Georgia Department of Driver Services (DDS).

• How to Request: You can request the hearing online, by phone, or by mail. It is HIGHLY RECOMMENDED to request it in writing and keep a copy for your records.

• Online: Visit the Georgia DDS website (dds.georgia.gov – link to specific ALR hearing request page to be added once available).

• Phone: Call the DDS customer service line (phone number to be added once available). Be aware that phone requests can be harder to prove you made the request on time.

• Mail: Send a written request to the DDS address (address to be added once available). Certified mail with return receipt requested is strongly recommended to prove the DDS received your request within the 15-day deadline.

Your written request should include:

• Your full name

• Your driver's license number

• Your date of birth

• Your current address

• The date of your DUI arrest

• The arresting officer's name and badge number (if known)

• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing.

• 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 take effect 30 days after your arrest, even before your criminal case is resolved. Missing this deadline significantly reduces your chances of maintaining your driving privileges.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension based on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, your license will be suspended for . This suspension is triggered by the failed test result, regardless of the outcome of your criminal case.

• Temporary Permit Valid Until Hearing or Suspension Begins: You likely received a temporary driving permit from the arresting officer. This permit is typically valid for 30 days, allowing you to drive until your ALR hearing or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test in Georgia. Your license will be suspended for if you refused testing.

• Implied Consent Law in Georgia: Georgia, like most states, operates under an implied consent law. This means that by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in a longer license suspension than a failed test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate legal proceeding from your criminal DUI case. It is conducted by the Georgia Department of Driver Services (DDS) and focuses solely on whether your driver's license should be suspended based on the circumstances of your arrest.

• Separate from Criminal Court: The outcome of your ALR hearing does not determine your guilt or innocence in the criminal DUI case. You can win your ALR hearing and still be convicted of DUI in criminal court (and vice versa).
• Decides If License Suspension Is Warranted: The hearing officer will determine if there was probable cause for the traffic stop, if you were lawfully arrested for DUI, and if your BAC was over the legal limit or if you refused testing.
• Lower Burden of Proof Than Criminal Trial: The DDS only needs to prove its case by a "preponderance of the evidence," meaning it is 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 crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Calhoun County can represent you at the ALR hearing, cross-examine witnesses, and present legal arguments on your behalf. They understand the specific procedures and personnel involved in these hearings.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath/blood test, and the accuracy of the test results. If you refused testing, you can challenge whether the officer had probable cause to believe you were driving under the influence.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DDS did not meet its burden of proof, and your license suspension is rescinded.
• Restricted/Hardship License Granted: The hearing officer may grant you a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments). This is more likely after a period of suspension has already been served.

Hardship/Restricted License in Georgia

Even if your license is initially suspended, you may be eligible for a hardship or restricted license.

• Eligibility Requirements: . These typically involve demonstrating a need to drive for work, school, medical appointments, or other essential purposes.

• What You Can Drive For: A restricted license will specify the permitted times and locations for driving, typically limited to work, school, medical appointments, and substance abuse counseling.

• Costs and Application Process: . This generally involves submitting an application to the DDS and providing documentation to support your need for a restricted license.

• IID Requirement: . 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 Criminal Case Concludes

Whether you win or lose your ALR hearing, you'll eventually need to reinstate your license after the criminal case concludes (assuming you are convicted of DUI).

• Reinstatement Requirements: . This typically involves paying reinstatement fees, completing DUI school or other court-ordered programs, and possibly installing an ignition interlock device.
• Fees: .
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: DUI school, substance abuse evaluation, and treatment are common requirements for license reinstatement after a DUI conviction.

Calhoun DMV Offices

Unfortunately, Calhoun is a Tier 3 county and might not have a full-service DMV office directly within its borders. You will likely need to travel to a neighboring county. Here are some potentially convenient Georgia DDS locations near Calhoun (verify hours and services before visiting):

• (Nearest DDS Office 1): , [City], GA [Zip Code] - [Phone Number] - [Hours of Operation] - [Link to Google Maps]
• (Nearest DDS Office 2): , [City], GA [Zip Code] - [Phone Number] - [Hours of Operation] - [Link to Google Maps]
• (Nearest DDS Office 3): , [City], GA [Zip Code] - [Phone Number] - [Hours of Operation] - [Link to Google Maps]

(Replace bracketed information with actual DDS office information)

Special Programs

• Ignition Interlock Device Program: Georgia has an ignition interlock device (IID) program that may allow you to drive with a restricted license after a DUI conviction. .
• Occupational License: (Investigate if Georgia offers an occupational license program beyond the standard hardship license).
• [Any other state-specific programs relevant to Georgia DUI offenders]

Disclaimer: This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Calhoun, Georgia, to discuss your specific situation and legal options. The laws and procedures related to DUI and license suspension are complex and subject to change. Act quickly to protect your driving privileges!