DeKalb County DDS Administrative Hearing Guide

DeKalb County DUI License Suspension & ALR Hearing

A DUI arrest in DeKalb County triggers two separate 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 focuses solely on your driving privileges. Understanding this distinction is crucial, as you must act quickly to protect your license, regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

Following a DUI arrest in DeKalb County, the officer will seize your physical driver's license and issue a DDS Form 1205, which serves as a temporary driving permit valid for 45 days. However, this permit is not a guarantee of continued driving privileges. You have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing to challenge the suspension of your license.

To request an ALS hearing, you must send a written request and a $150 filing fee to the DDS at P.O. Box 80447, Conyers, GA 30013.

**What Happens If You Miss the Deadline?*Failure to request a hearing within 30 days will result in an automatic suspension of your driver's license on the 46th day after your arrest. This suspension will occur regardless of the status of your criminal case.

Automatic License Suspension

The grounds for an administrative license suspension depend on whether you submitted to chemical testing (breath, blood, or urine) and the results of that test, 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 your blood alcohol concentration (BAC) was 0.08 or higher, the DDS will seek to suspend your license under Georgia law. The DDS 1205 form serves as a temporary permit valid for 45 days.

If You Refused Testing

Refusing to submit to chemical testing carries a longer license suspension under Georgia's implied consent law. Georgia's implied consent law means that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing will result in a one-year license suspension for a first offense.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as an Administrative Hearing, is a separate legal proceeding from your criminal DUI case. It is conducted by the DDS and focuses solely on whether your license should be suspended based on the circumstances of your arrest.

What It Is

The ALR hearing is an administrative process, meaning it has a lower burden of proof than a criminal trial. The DDS only needs to show by a preponderance of the evidence (more likely than not) that the officer had reasonable grounds to believe you were driving under the influence and that you were lawfully arrested.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of preventing a license suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the complexities of the ALR hearing process, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the officer's probable cause to arrest you, the accuracy of the breathalyzer test, and whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the DDS proves its case, your license will be suspended.
• Suspension Overturned: If you successfully challenge the DDS's evidence, 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 limited driving permit, also known as a hardship license.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a limited driving permit, allowing you to drive for specific purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your suspension.
• What You Can Drive For: Generally, a limited permit allows you to drive to work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The application process involves submitting an application to the DDS and paying a fee.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining a limited permit. This device requires you to blow into it before starting your vehicle, and it will prevent the vehicle from starting if your BAC is above a certain level.

Getting Your License Back

After your criminal case concludes and your suspension period ends, you will need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the nature of your suspension and any court orders.
• 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, for a certain period.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program, also known as DUI school.

DeKalb County DDS Offices

The primary DDS location for DeKalb residents is at 2801 Candler Road, Suite 82, Decatur, GA 30034. They are open Tuesday - Friday: 7:30 a.m. - 6:30 p.m.; Saturday: 7:30 a.m. - 12:00 p.m. and closed Sunday and Monday.

Special Programs

• Ignition Interlock Device Program: Georgia has an IID program that allows certain DUI offenders to drive with an IID installed in their vehicle.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work purposes even if your license is suspended.

Navigating the license suspension process after a DUI arrest in DeKalb County can be daunting. Understanding your rights and acting quickly to protect your driving privileges is essential.

Frequently Asked Questions

1. Where do I request an Administrative License Suspension (ALS) hearing in DeKalb County? You must send the request and $150 fee to the DDS in Conyers: P.O. Box 80447, Conyers, GA 30013.
2. If I refuse the breathalyzer test, how long will my license be suspended in DeKalb County for a first offense? Refusal to submit to testing results in a one-year license suspension for a first offense.
3. Where is the primary DDS office located in DeKalb County for license reinstatement services? The primary DDS location for DeKalb residents is at 2801 Candler Road, Suite 82, Decatur, GA 30034.

Sources

• Georgia Department of Driver Services - Decatur
• DeKalb County Code of Ordinances - Vehicle Impoundment