Fayette County License Hearing Guide

Fayette County DUI License Suspension & ALR Hearing

Following a DUI arrest in Fayette County, you face two separate legal processes: a criminal case in court, and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your driver's license by the Georgia Department of Driver Services (DDS) and the steps you can take to challenge it. The administrative license suspension is separate from the criminal DUI case and can occur even if you are not convicted of DUI in court.

CRITICAL DEADLINE: Request Hearing Within 30 Days

To challenge a potential license suspension, you MUST request an Administrative License Revocation (ALR) hearing within 30 calendar days of your arrest. This is a strict deadline.

• Where to request: The request is made to the Georgia Department of Driver Services (DDS).
• How to request: You can request a hearing online through the Georgia DDS Online Services.
• What happens if you miss the deadline: If you fail to request an ALR hearing within 30 days, your driver's license will be automatically suspended. There are very limited exceptions to this rule.

Automatic License Suspension

The Georgia DDS can automatically suspend your driver's license based on the circumstances of your DUI arrest. The reason for the suspension and the length of the suspension depend on whether you took a breath or blood test and, if so, the results, or whether you refused to take the test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the result was a blood alcohol concentration (BAC) of 0.08 or higher, your license will be suspended. A temporary driving permit may be issued at the time of arrest, and it remains valid until the ALR hearing or the effective date of the suspension, whichever comes first.

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 a breath, blood, or urine test carries a longer license suspension than failing a test. Refusal to submit to the state-administered chemical test of your blood, breath, or urine will result in a one (1) year suspension of your driving privileges for each refusal.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative hearing conducted by the Georgia DDS. It is completely separate from your criminal DUI case. The purpose of the ALR hearing is to determine whether the DDS has sufficient grounds to suspend your driver's license. The burden of proof at an ALR hearing is lower than in a criminal trial. The DDS must only show that it is more likely than not that you were driving under the influence.

How to Prepare

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

• Gather evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand what you can challenge: At the ALR hearing, you can challenge various aspects of the DUI arrest, including whether the officer had probable cause to stop you, whether the field sobriety tests were administered correctly, and whether the breath or blood test results were accurate.

Possible Outcomes

• Suspension upheld: If the DDS finds sufficient evidence to support the license suspension, your license will be suspended.
• Suspension overturned: If the DDS does not find sufficient evidence, your license will not be suspended.
• 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

Even if your license is suspended, you may be eligible for a limited driving permit in Georgia, also known as a hardship license.

• Eligibility requirements: Eligibility requirements vary depending on the reason for the suspension and your driving history.
• What you can drive for: A restricted license typically allows you to drive for 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: An ignition interlock device (IID) may be required as a condition of obtaining a restricted license, 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: Reinstatement requirements typically include paying a reinstatement fee, completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school), and providing proof of SR-22 insurance.
• 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 proves you have the minimum required liability insurance coverage.
• Classes/programs that must be completed: You will likely be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) and may be required to undergo a substance abuse evaluation and treatment.

Fayette County DDS Offices

The Georgia Department of Driver Services (DDS) has two locations in Fayetteville:

• Fayetteville Kiosk: Fayetteville Kiosk
• Fayetteville Customer Service Center: Fayetteville Customer Service Center

You can also access many DDS services online through the Georgia DDS Online Services.

Special Programs

The State Court of Fayette County established the DUI/Drug Court in February 2016. This accountability court represents a shift from incarceration to supervised rehabilitation. The program integrates judicial oversight with substance abuse treatment, drug screenings, and community support. Eligibility is restricted to Fayette County residents facing their second DUI within five years, their third lifetime DUI, or a DUI with aggravating circumstances.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Fayette County? A: You have 30 calendar days from the date of your DUI arrest to request an ALR hearing.

Q: Where is the Fayette County Jail located? A: The Fayette County Jail is located at 145 Johnson Avenue, Fayetteville, GA 30214.

Q: What is the typical bail amount for a first-offense DUI in Fayette County? A: Based on recent arrest data, the bail for a first-offense DUI in Fayette County is typically around $2,070.00.