Fannin County License Hearing Guide

Fannin County DUI License Suspension & ALR Hearing

A DUI arrest in Fannin County, Georgia triggers two separate legal processes: a criminal case in the Fannin County court system and an administrative action against your driver's license by the Georgia Department of Driver Services (DDS). This guide focuses on the latter – the administrative license suspension and the steps you can take to challenge it. Understanding this process is crucial because your driving privileges can be suspended even before your criminal case is resolved.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI 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: The request must be submitted to the Georgia Department of Driver Services (DDS).
• How to Request: You can request the hearing online, by phone, or by mail, as outlined on the DDS website.
• Online: https://dds.georgia.gov/
• Phone: (678) 413-8400.
• What Happens If You Miss the Deadline: If you fail to request an ALS hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule.

Automatic License Suspension

Even if you plan to fight your DUI charges in court, your license can be suspended administratively by the DDS. The grounds for this suspension depend on whether you submitted to chemical testing (breath or blood) 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 your Blood Alcohol Content (BAC) was 0.08 or higher, the DDS will attempt to suspend your license under GA law.

• BAC over 0.08: Your license will be suspended. The duration of the suspension varies based on prior DUI offenses, but it is typically a minimum of 12 months for a first offense.
• Temporary Permit: Following your arrest, you should have received a temporary driving permit. This permit is valid until your ALS hearing or until the suspension officially begins if you don't request a hearing, or if the suspension is upheld after a hearing.

If You Refused Testing

Under Georgia's implied consent law, by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing carries a harsher penalty than failing a test.

• Refusal Suspension: A refusal to submit to chemical testing results in an automatic license suspension of one year for a first offense. This suspension is imposed regardless of the outcome of your criminal DUI case.
• Implied Consent Law: Georgia's implied consent law is outlined in GA law. It states that any person who operates a motor vehicle upon the public highways of this state is deemed to have given consent to chemical tests of his or her blood, breath, urine, or other bodily substances 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 or in actual physical control of a motor vehicle while under the influence of alcohol or any drug.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your chance to challenge the DDS's attempt to suspend your license. It is a separate proceeding from your criminal case.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding, not a criminal trial. The outcome of the ALR hearing does not directly determine your guilt or innocence in the criminal DUI case.
• Decides License Suspension: 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 (meaning more likely than not) that the suspension is warranted.

How to Prepare

Preparing for your ALR hearing is crucial for maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that contradicts the police report.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Fannin County can represent you at the ALR hearing, cross-examine witnesses, and present legal arguments on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the DDS's case, including:
• Whether the police had probable cause to stop you.
• Whether the arrest was lawful.
• Whether you were properly advised of your implied consent rights.
• Whether the breath or blood test results were accurate.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DDS has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DDS has not met its burden of proof, the suspension will be overturned, and your driving privileges will be restored.
• 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) that allows you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

A hardship license can be a lifeline if your license is suspended due to a DUI. It allows you to drive for essential purposes while your full driving privileges are suspended.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your suspension. Generally, you must demonstrate a need to drive for work, school, medical appointments, or attending court-ordered programs.
• What You Can Drive For: A hardship license typically restricts you to driving to and from work, school, medical appointments, court-ordered programs, and in some cases, for childcare purposes.
• Costs and Application Process: The application process for a hardship license involves submitting an application to the DDS, providing supporting documentation, and paying a fee.
• IID Requirement: In some cases, particularly for repeat DUI offenders, a hardship license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Once your license suspension period is over, you will need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the circumstances of your suspension. Generally, you will need to:
• Fees: Pay a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: Obtain SR-22 insurance (also known as financial responsibility insurance) for a specific period (typically three years).
• Classes/Programs That Must Be Completed: Complete any court-ordered DUI Alcohol or Drug Use Risk Reduction Program (DUI School) or other treatment programs.

Fannin County DMV Offices

The Georgia Department of Driver Services (DDS) office in Fannin County is located at:

• Georgia Department of Driver Services
• Address: 211 Industrial Blvd, Blue Ridge, GA 30513
• Phone: (678) 413-8400
• Hours: Monday: Closed; Tuesday: 8 AM to 6 PM; Wednesday: 8 AM to 6 PM; Thursday: 8 AM to 6 PM; Friday: 8 AM to 6 PM; Saturday: Closed; Sunday: Closed

Special Programs

• Ignition Interlock Device (IID) Program: Georgia has an IID program that allows certain DUI offenders to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: [This is the same as a Hardship/Restricted License. The terminology is often used interchangeably.]

This guide provides general information about DUI license suspensions and ALR hearings in Fannin County, Georgia. It is not a substitute for legal advice from a qualified attorney. If you have been arrested for DUI, it is essential to consult with an experienced Fannin County DUI lawyer as soon as possible to protect your rights and explore your legal options.

Frequently Asked Questions

1. If I miss the 15-day deadline to request an ALR hearing in Fannin County, is there anything I can do? Generally, no. The 15-day deadline is strictly enforced. However, consult with a DUI attorney to explore if any rare exceptions might apply to your specific case.
2. Where in Fannin County can I complete the mandatory DUI Alcohol or Drug Use Risk Reduction Program (DUI School)? Contact the Georgia Department of Driver Services (DDS) or search their website for a list of approved DUI schools in or near Fannin County.
3. Will the outcome of my ALR hearing affect my criminal DUI case in Fannin County? While the ALR hearing and the criminal case are separate proceedings, the evidence presented at the ALR hearing can sometimes be used in the criminal case. Consult with your attorney about how the ALR hearing might impact your overall defense strategy.