Dade County License Hearing Guide

Dade DUI License Suspension & ALR Hearing: Act Fast to Save Your Driving Privileges

Being arrested for a DUI in Dade County, Georgia, can be a frightening experience. Not only are you facing potential criminal charges, but your driver's license is also immediately at risk. It's crucial to understand that there are two separate legal processes at play: the criminal case and the administrative license suspension. This guide focuses on the administrative process, specifically the steps you must take to potentially avoid or minimize the suspension of your driver's license. Time is of the essence, so read carefully and act quickly!

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After a DUI arrest in Dade County, the Georgia Department of Driver Services (DDS), formerly known as the Department of Public Safety (DPS), will likely attempt to suspend your driver's license through an Administrative License Revocation (ALR) process. You only have 15 CALENDAR DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge this suspension.

Where to Request: Georgia Department of Driver Services (DDS).

How to Request: You can request an ALR hearing online, by phone, or by mail. The easiest and fastest method is usually online.

• Online: Visit the DDS website (dds.georgia.gov). Look for information about "Administrative License Suspension" or "ALR Hearing Request." You'll likely need your driver's license number and other information from your arrest paperwork.
• Phone: Call the DDS customer service line. Be prepared for potential wait times. Ask specifically about requesting an ALR hearing after a DUI arrest.
• Mail: Send a written request to the DDS address (check the DDS website for the current address). Your request MUST include your name, date of birth, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing to challenge the suspension of your driver's license. Certified mail with return receipt requested is recommended to prove timely submission.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 calendar days of your arrest, your driver's license will be automatically suspended. This suspension will begin 30 days after your arrest date. Don't let this happen! Missing this deadline severely limits your options.

Automatic License Suspension

Even if you request an ALR hearing, your license could still be suspended depending 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 likely be suspended. The length of the suspension depends on whether this is your first DUI offense.
• Temporary Permit: The arresting officer should have issued you a temporary driving permit. This permit is usually valid for 30 days from the date of your arrest or until the date of your ALR hearing, whichever comes first. If you don't request a hearing, the suspension will begin 30 days after your arrest.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a more severe penalty than failing a test. In Georgia, refusing to take the test will result in a longer license suspension than failing the test.
• Implied Consent Law in Georgia: 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. Refusal to comply with this law results in administrative penalties.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate legal proceeding from your criminal DUI case. It is an administrative hearing conducted by the DDS to determine whether your driver's license should be suspended. The standard of proof is lower than in criminal court. The DDS only needs to show "preponderance of the evidence" (more likely than not) that the suspension is warranted, rather than "beyond a reasonable doubt."

The focus of the ALR hearing is on these key issues:

• Did the officer have reasonable grounds to believe you were driving under the influence?
• Were you lawfully arrested?
• Were you properly advised of your implied consent rights?
• Did you refuse to submit to a chemical test, or did the test results show a BAC of 0.08% or higher?

How to Prepare

Preparing for your ALR hearing is crucial. Here's what you should do:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, receipts, or anything that could challenge the officer's account or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A skilled DUI attorney can represent you at the ALR hearing, present evidence, cross-examine witnesses, and argue on your behalf. They understand the nuances of Georgia DUI law and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the validity of the BAC test, the officer's compliance with implied consent laws, and any other aspects of the case.

Possible Outcomes

• Suspension Upheld: If the DDS finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the DDS finds that the evidence is insufficient or that there were legal errors in the arrest, the suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

If your license is suspended, you may be eligible for a limited driving permit (also known as a hardship license or restricted license) in Georgia.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your DUI arrest, your driving history, and whether you refused testing.
• What You Can Drive For: A limited driving permit typically allows you to drive to and from work, school, medical appointments, substance abuse treatment programs, and court-ordered obligations.
• Costs and Application Process: You'll need to apply for the limited permit through the DDS and pay a fee.
• IID Requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a limited driving permit. An IID is a device that requires you to blow into it before starting your car, and it prevents the car from starting if alcohol is detected.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school), pay reinstatement fees, and provide proof of insurance.
• Fees: Reinstatement fees vary and are payable to the DDS.
• 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: As mentioned above, completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required. You may also be required to attend other counseling or treatment programs.

Dade DMV Offices

Unfortunately, Dade County itself doesn't have a full-service DDS office due to its small population. The closest DDS locations are in neighboring counties. Always confirm hours of operation before visiting, as they can change.

• [Check DDS website for nearest full-service location]

Special Programs

• Ignition Interlock Device Program: Georgia has a mandatory IID program for certain DUI offenders.
• Occupational License: An occupational license allows you to drive for work-related purposes, even if your license is suspended. Eligibility requirements apply.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): This is a mandatory program for all DUI offenders in Georgia.

Disclaimer: This guide provides general information and is not legal advice. Consult with a qualified DUI attorney in Georgia for advice specific to your situation. Time is critical in a DUI case. Act now to protect your rights and your driving privileges.