Carroll County License Hearing Guide

Carroll County DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating DUI Charges)

After a DUI arrest in Carroll County, Georgia, you face two separate but related legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically the potential suspension of your driver's license by the Georgia Department of Driver Services (DDS). It is crucial to understand your rights and deadlines to protect your driving privileges. The administrative process is separate from any criminal charges you may face. Even if you are found not guilty in criminal court, your license can still be suspended through the administrative process.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

Following a DUI arrest in Carroll County, you have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This hearing is your opportunity to challenge the 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: Request information online at the Georgia Department of Driver Services or visit the Carrollton DDS office.
• What Happens If You Miss the Deadline: If you fail to request a hearing within 30 days, your driver's license will be automatically suspended. There are very limited exceptions to this deadline, so immediate action is crucial.

Automatic License Suspension

Under Georgia law, your driver's license can be automatically suspended following a DUI arrest under two primary circumstances: failing or refusing a chemical test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the results indicated a blood alcohol concentration (BAC) of 0.08% or higher, your license will be suspended per Georgia law. The length of the suspension varies based on prior offenses.

• First Offense: A first offense typically results in a 12-month suspension.
• Temporary Permit: The arresting officer should have provided you with a temporary driving permit, which is valid for 30 days or until the suspension officially begins, whichever comes first. This allows you to drive until your ALR hearing or the start of the suspension.

If You Refused Testing

Georgia's implied consent law means that by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath, blood, or urine test carries significant penalties.

• Length of Suspension: A refusal to submit to testing results in a longer license suspension than failing the test. The license suspension for refusing testing is typically 12 months for a first offense.
• Implied Consent Law: Georgia's implied consent law is found in GA law § 40-5-55. This law states that any person operating a motor vehicle upon the public highways of Georgia is deemed to have given consent to a chemical test of their blood, breath, or urine for the purpose of determining the presence of alcohol or drugs, if arrested for any offense arising out of acts alleged to have been committed while the person was driving under the influence.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical step in protecting your driving privileges after a DUI arrest in Carroll County.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DDS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: 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 warranted, rather than "beyond a reasonable doubt" as in a criminal trial.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case, such as witness statements, dashcam footage, or medical records.

• Understand What You Can Challenge: At the ALR hearing, 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 you were properly informed of your implied consent rights.

• Whether the breathalyzer or blood test results were accurate and reliable.

Possible Outcomes

• Suspension Upheld: If the DDS prevails at the hearing, your license suspension will be upheld.
• Suspension Overturned: If you prevail at the hearing, the suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a limited driving permit or hardship license.

Hardship/Restricted License in Georgia

Even with a suspended license, you might be able to obtain a restricted or hardship license in Georgia, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility for a restricted license depends on the specific circumstances of your DUI arrest and your driving history. Generally, you must:

• Have had your license suspended for at least a certain period.

• Not have any prior DUI convictions within a certain timeframe.

• Enroll in and complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).

• What You Can Drive For: A restricted license typically allows you to drive for:

• Work

• School

• Medical appointments

• Attending court-ordered programs

• Costs and Application Process: The application process involves submitting an application to the DDS and paying a reinstatement fee.

• IID Requirement: In some cases, an Ignition Interlock Device (IID) may be required as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension in Georgia involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Once your criminal case is resolved and your suspension period has ended, you must meet certain requirements to reinstate your license, including:

• Paying a reinstatement fee to the DDS.

• Submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).

• Providing proof of SR-22 insurance.

• Fees: Reinstatement fees vary depending on the length and type of suspension.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the DDS for high-risk drivers, including those convicted of DUI.

• Classes/Programs That Must Be Completed: Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School) is typically required for license reinstatement after a DUI conviction.

Carroll County DDS Office

The Georgia Department of Driver Services (DDS) handles license reinstatement and related issues.

• Carrollton:
• 1679 South Park Street, Suite 101
• Carrollton, GA 30117
• Phone: 678-413-8400
• Hours: Check the official DDS website for hours of operation

Special Programs

• Ignition Interlock Device (IID) Program: Georgia law may require the installation of an IID in your vehicle as a condition of a restricted license or license reinstatement after a DUI conviction.
• Occupational License: Georgia no longer issues "occupational licenses." A limited driving permit is available in some situations.

Browse licensed bail bondsmen serving Carroll County in our bail bond directory.

Frequently Asked Questions

1. How long do I have to request an ALR hearing in Carroll County? You have 30 calendar days from the date of your DUI arrest to request an ALR hearing with the Georgia DDS.
2. Where in Carroll County can I complete my DUI Risk Reduction course? Free At Last Bail Bonds at 309 Rome Street offers the DUI course.
3. If I refuse the breathalyzer test, will my license be suspended for longer in Carroll County? Yes, refusing to submit to chemical testing results in a longer license suspension than failing the test in Georgia.