Cherokee County DDS ALS Hearing Guide

Cherokee County DUI License Suspension & ALR Hearing

A DUI arrest in Cherokee County triggers two separate but intertwined legal processes: a criminal case in court and an administrative license suspension handled by the Georgia Department of Driver Services (DDS). While the criminal case determines your guilt or innocence, the administrative process decides whether you can legally drive. This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing, providing critical deadlines and procedures to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You have only 30 calendar days from the date of your DUI arrest, as indicated on the DDS-1205 form (temporary driving permit), to request an Administrative License Revocation (ALR) hearing. This is a strict deadline. Missing it results in an automatic license suspension, regardless of the outcome of your criminal case.

To request a hearing, you must mail your appeal and a $150 filing fee to:

Georgia Department of Driver Services P.O. Box 80447 Conyers, GA 30013

Alternatively, you can handle compliance-related matters by mail to:

Regulatory Compliance Division 2206 Eastview Parkway Conyers, GA 30013

Important: File your appeal immediately via certified mail to ensure timely receipt and proof of submission. Errors in mailing or omitting the fee will cause automatic rejection.

Automatic License Suspension

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

If You Took the Breath/Blood Test and Failed

If your Blood Alcohol Concentration (BAC) was 0.08% or higher, GA law §40-6-391 mandates an administrative license suspension. The DDS-1205 form serves as a temporary driving permit, typically valid for 45 days, until the ALR hearing or the suspension takes effect.

If You Refused Testing

Refusing to submit to chemical testing carries a harsher penalty under Georgia's implied consent laws. Georgia law implies that by driving on state roads, you consent to chemical testing if arrested for DUI. Refusal leads to an automatic suspension of your driver's license for one year for a first offense, even without a DUI conviction in criminal court.

The ALR/Administrative Hearing

The ALR hearing is an administrative proceeding, separate and distinct from your criminal DUI case. It's conducted by an administrative law judge (ALJ) and focuses solely on whether the DDS has sufficient grounds to suspend your license.

What It Is

The ALR hearing is not a criminal trial. The burden of proof is lower, and the issues are limited to:

• Whether the arresting officer had reasonable grounds to believe you were driving under the influence.
• Whether you were lawfully arrested.
• Whether you were properly advised of your implied consent rights.
• Whether you refused the chemical test (if applicable).
• Whether the test result was 0.08% or higher (if you submitted to testing).

How to Prepare

Preparing for an ALR hearing requires gathering evidence and understanding the legal issues. Consider these steps:

• Gather Evidence: Obtain police reports, dashcam footage, witness statements, and any other evidence relevant to the circumstances of your arrest.
• Consult a DUI Attorney: A DUI attorney can assess your case, advise you on your legal options, and represent you at the ALR hearing. They understand the nuances of Georgia DUI law and can effectively challenge the evidence against you.
• Understand the Issues: Familiarize yourself with the specific grounds for suspension and the legal arguments you can raise to challenge the suspension. For example, you might challenge the legality of the traffic stop, the accuracy of the breathalyzer, or the validity of your implied consent waiver.

Possible Outcomes

The ALJ will issue a decision based on the evidence presented at the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds sufficient grounds to suspend your license. The suspension takes effect immediately or after a specified period.
• Suspension Overturned: The ALJ finds insufficient grounds to suspend your license. Your license is reinstated.
• Limited Driving Permit Granted: Even if the suspension is upheld, you may be eligible for a limited driving permit (also known as a hardship license) under certain circumstances.

Hardship/Restricted License in Georgia

A limited driving permit allows you to drive for specific purposes, such as work, school, medical appointments, or attending court-ordered classes.

• Eligibility Requirements: You must meet specific criteria, including completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) and, in some cases, installing an ignition interlock device (IID) on your vehicle.
• Permitted Driving: The permit specifies the times, locations, and purposes for which you can drive. Violating these restrictions can result in further penalties.
• Costs and Application Process: Applying for a limited driving permit involves paying fees and submitting documentation to the DDS.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an IID on your vehicle as a condition of obtaining a limited driving permit. As noted earlier, Smart Start and Intoxalock are popular choices in the Canton area.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps:

• After Criminal Case Concludes: Even if you "win" your criminal case, you must still handle the administrative suspension separately.
• Reinstatement Requirements: You must satisfy all requirements imposed by the DDS, including serving the full suspension period, completing DUI school, and paying reinstatement fees.
• Fees: Reinstatement fees vary depending on the length of the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: Completion of a DUI Alcohol or Drug Use Risk Reduction Program is typically required for reinstatement.

Cherokee County DDS Offices

The local Canton DDS Customer Service Center is located at 220 Brown Industrial Parkway, Suite 200, Canton, GA 30114. **However, it's closed on Mondays.*## Special Programs

• Ignition Interlock Device Program: As mentioned earlier, this program allows you to drive with a device that tests your breath for alcohol.
• Occupational License: This type of limited permit allows you to drive for work-related purposes.

Navigating a DUI license suspension in Cherokee County can be overwhelming. Understanding the deadlines, procedures, and requirements is crucial to protecting your driving privileges and minimizing the impact on your life.

Frequently Asked Questions

1If I live in Woodstock but was arrested in Canton, where do I file my ALR appeal? You must mail your ALR appeal and $150 fee to the Georgia Department of Driver Services (DDS) in Conyers, GA, regardless of where in Cherokee County the arrest occurred. The address is: Georgia Department of Driver Services, P.O. Box 80447, Conyers, GA 30013.

2Can I go to the Canton DDS office to reinstate my license on a Monday? No, the Canton DDS Customer Service Center at 220 Brown Industrial Parkway, Suite 200, Canton, GA 30114 is closed on Mondays. Plan accordingly.

3If I need a notarized document for vehicle release from the Cherokee County ADC, what are the steps? First, have a family member go to the Cherokee County Adult Detention Center (ADC). Second, navigate visitation rules to get a blank authorization form to you. Third, find a notary inside the jail. Fourth, have you sign and notarize the document.

Sources

• Georgia Department of Driver Services Appeal/Hearing Request
• Administrative License Suspension (ALS) Hearing Requests - Georgia Department of Driver Services
• Canton | Georgia Department of Driver Services
• Find a Location - Georgia Department of Driver Services