Clayton County DDS ALS Hearing Guide

Clayton County DUI License Suspension & ALR Hearing

After a DUI arrest in Clayton County, Georgia, you face two separate but intertwined legal battles: the criminal case in court and an administrative process regarding your driver's license. This guide focuses on the latter – the Administrative License Revocation (ALR) process – and explains how to protect your driving privileges. It's crucial to understand that even if you are ultimately found not guilty in criminal court, your license can still be suspended through this administrative action. The most important thing to remember is the strict deadlines involved.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Georgia law gives you only a limited time to act to prevent an automatic suspension of your driver's license. You must request an Administrative License Suspension (ALS) hearing within 30 calendar days of your arrest. This deadline operates independently of criminal proceedings. The Harold R. Banke Justice Center has no jurisdiction to process ALS hearing requests.

Where to Request: The request is not sent to the Clayton County court. It must be mailed to the DDS Records Management center in Conyers.

How to Request: The request must be in writing and mailed to:

Georgia Dept of Driver Services (DDS) Records Management P.O. Box 80447 Conyers, GA 30013

What Happens If You Miss The Deadline: If you fail to request a hearing within 30 days, your license will be automatically suspended. There are very limited exceptions to this rule, so immediate action is crucial.

Automatic License Suspension

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

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the results showed a Blood Alcohol Content (BAC) of 0.08% or higher, the arresting officer likely seized your license and issued you a DDS Form 1205.

• BAC Over 0.08: Your license will be suspended. The DDS Form 1205 serves as a temporary driving permit, valid for 45 days from the date of arrest. After that, the suspension goes into effect unless you requested an ALR hearing within 30 days and that hearing is still pending.

If You Refused Testing

Georgia has an "implied consent" law, meaning that by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing carries significant penalties.

• Refusal Suspension: Refusing to submit to a breath, blood, or urine test will result in a longer license suspension than failing a test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil administrative proceeding conducted by the Georgia Department of Driver Services (DDS). It is entirely separate from your criminal DUI case. The purpose of the hearing is to determine whether the DDS has sufficient evidence to suspend your driver's license.

• Separate From Criminal Court: Even if you are acquitted of the DUI charge in criminal court, the DDS can still suspend your license through the ALR process.
• Decide If License Suspension Is Warranted: The hearing officer will review the evidence and determine if the suspension is warranted.
• Lower Burden of Proof Than Criminal Trial: The standard 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.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, photographs, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can help you prepare your case, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the state's case, 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 machine was properly calibrated and maintained.
• Whether the blood test was properly conducted and analyzed.

Possible Outcomes

The ALR hearing can result in several possible outcomes:

• Suspension Upheld: The hearing officer finds that the DDS has sufficient evidence to suspend your license.
• Suspension Overturned: The hearing officer finds that the DDS does not have sufficient evidence to suspend your license. Your license is reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Georgia law allows for the possibility of obtaining a limited driving permit under certain circumstances, even with a license suspension.

• Eligibility Requirements: Eligibility for a limited permit depends on several factors, including the reason for the suspension, your driving history, and whether you have completed any required DUI Alcohol Risk Reduction (DARR) courses.
• What You Can Drive For: A limited permit typically allows you to drive for specific purposes, such as:
• Work
• School
• Medical appointments
• Attending court-ordered programs
• Costs and Application Process: Applying for a limited permit involves submitting an application to the DDS and paying a fee.
• IID Requirement: An Ignition Interlock Device (IID) may be required as a condition of obtaining a limited permit, particularly for repeat offenders.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a DUI conviction, you will typically need to:
• Pay a reinstatement fee to the DDS.
• Complete a DUI Alcohol Risk Reduction (DARR) course.
• Provide proof of SR-22 insurance.
• Install an Ignition Interlock Device (IID) on your vehicle, if required.
• Fees: Reinstatement fees vary depending on the number of prior DUI convictions.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DDS to verify that you have the required liability coverage.
• Classes/Programs That Must Be Completed: You will likely be required to complete a DUI Alcohol Risk Reduction (DARR) course as a condition of reinstating your license.

Clayton County DMV Offices

The Georgia Department of Driver Services (DDS) handles driver's license reinstatement and related matters.

Frequently Asked Questions

1If I hire a lawyer, do I still have to request an ALR hearing within 30 days? Yes, absolutely. Hiring a lawyer does not automatically request the hearing for you. Make sure your lawyer confirms that the hearing request was sent and received within the 30-day deadline.

2Can I request an extension to the 30-day deadline to request an ALR hearing? No. The 30-day deadline is strictly enforced, with very limited exceptions.

3If I am found not guilty of DUI in court, will my license automatically be reinstated, even if I lost the ALR hearing? No. Successfully fighting the criminal charges does not automatically reinstate your license if you lost the ALR hearing. You will still need to fulfill the requirements of the administrative suspension.

Sources

• Administrative License Suspension (ALS) Hearing Requests - Georgia Department of Driver Services