Camden County License Hearing Guide

Camden DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

You've just been arrested for DUI in Camden, Georgia. This is a stressful and confusing time. One of the most immediate concerns is the status of your driver's license. It's crucial to understand that the DUI process actually involves two separate proceedings: a criminal case in court and an administrative action against your license. This guide focuses on the administrative side, specifically the license suspension process and your right to an Administrative License Revocation (ALR) hearing.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Georgia, the clock is ticking. You have a very limited time – just 15 days from the date of your arrest – to request an Administrative License Revocation (ALR) hearing. This hearing gives you a chance to challenge the suspension of your driver's license before it automatically goes into effect.

Where to Request the Hearing:

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

How to Request the Hearing:

While specific methods can change, you'll typically have a few options for requesting your ALR hearing:

• Online: Visit the Georgia DDS website (dds.georgia.gov). Look for sections related to DUI, license suspension, or ALR hearings. You may be able to submit your request electronically.
• By Mail: You can mail a written request to the DDS. Include your name, address, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Send it certified mail with return receipt requested to ensure proof of delivery. The specific address for ALR hearing requests should be found on the DDS website or the officer should have provided it on the DDS Form 1205.
• By Phone: In some cases, you may be able to initiate the request by phone. Check the DDS website for the appropriate phone number.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within the 15-day deadline, your Georgia driver's license will be automatically suspended. This suspension will begin 30 days after your arrest. Missing this deadline is a serious mistake that can have significant consequences for your ability to get to work, school, or other essential activities. Don't delay!

Automatic License Suspension

The circumstances surrounding your DUI arrest will determine the length and type of license suspension you face.

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 suspended.

• BAC over 0.08: If you don't request an ALR hearing within 15 days, your license will be suspended for a period determined by Georgia law. This period varies depending on whether you have prior DUI convictions.
• Temporary Permit: At the time of your arrest, the officer likely provided you with a temporary driving permit. This permit is typically valid for 30 days, giving you time to request the ALR hearing. The permit remains valid until the date of your scheduled hearing or until the suspension goes into effect if you don't request a hearing.

If You Refused Testing

Georgia has an implied consent law, which means that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take a breath, blood, or urine test after a DUI arrest carries significant penalties.

• Refusal Penalty: Refusing to take the test results in a longer license suspension than failing the test. The suspension period is typically one year for a first refusal.
• Implied Consent Law in Georgia: Georgia's implied consent law allows law enforcement officers to request chemical testing if they have probable cause to believe you are driving under the influence. Refusal to comply with this request can have severe administrative penalties, regardless of the outcome of the criminal DUI case.

The ALR/Administrative Hearing

Understanding the ALR hearing process is critical to protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate proceeding from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the officer had probable cause to arrest you for DUI and whether the evidence supports the suspension of your license.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DDS only needs to show by a preponderance of the evidence (more likely than not) that the suspension is justified. This is a lower standard than "beyond a reasonable doubt" required in a criminal case.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), medical records, or anything that contradicts the officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Georgia ALR hearings can be invaluable. They can help you understand your rights, gather evidence, prepare your case, and represent you at the hearing. An attorney knows the specific procedures and legal arguments that can be used to challenge the suspension.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath/blood test was properly administered and the results were accurate.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds that the evidence supports the suspension, your license will be suspended. The length of the suspension will depend on the circumstances of your case.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a limited driving permit.

• Eligibility Requirements: Eligibility for a limited driving permit depends on factors such as your prior driving record, the reason for the suspension, and whether you refused testing.
• What You Can Drive For: A limited permit typically restricts your driving to essential activities such as:
• Traveling to and from work.
• Attending school or educational programs.
• Seeking medical treatment.
• Attending court-ordered programs.
• Costs and Application Process: The application process for a limited permit involves submitting an application to the DDS, paying a fee, and providing documentation to support your need for the permit.
• IID Requirement: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a limited permit. This device requires you to blow into it before starting your car, and it will prevent the car from starting if alcohol is detected.

Getting Your License Back

Understanding the process of reinstating your license is essential.

After Criminal Case Concludes

Even if you win the ALR hearing, you still need to deal with the criminal case. The outcome of the criminal case can also affect your license.

• Reinstatement Requirements: Once your suspension period is over (either from the ALR hearing or the criminal case), you will need to meet certain requirements to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that demonstrates you have adequate insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) or other court-ordered programs.

Camden DMV Offices

Unfortunately, Camden County does not have a dedicated DDS office. You will need to visit a nearby DDS office. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date list of locations and hours. Some nearby options may include:

• [Check DDS website for nearest DDS locations and hours]

Special Programs

• Ignition Interlock Device Program: Georgia has a program that allows drivers to reinstate their license sooner if they install an IID in their vehicle.
• Occupational License: A limited driving permit to allow you to drive to and from work.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): A required course for DUI offenders.

A DUI arrest is a serious matter with potentially severe consequences. Understanding your rights and taking prompt action is crucial to protecting your driving privileges. Don't wait! Contact a qualified DUI attorney in Camden County as soon as possible to discuss your case and explore your options.