Forsyth County DDS ALS Hearing Guide

Forsyth County DUI License Suspension & ALR Hearing

If you've been arrested for DUI in Forsyth County, Georgia, you're facing two separate but intertwined legal battles: a criminal case in either Cumming Municipal Court (301 Veterans Memorial Blvd, Cumming, GA 30040) or the State Court of Forsyth County (Forsyth County Courthouse, 101 East Courthouse Square, Cumming, GA 30040), and an administrative license suspension handled by the Georgia Department of Driver Services (DDS). Understanding the deadlines and procedures is crucial to protecting your driving privileges and your freedom.

CRITICAL DEADLINE: Request Hearing Within 30 Days

After a DUI arrest in Forsyth County, the arresting officer will likely confiscate your physical driver's license and issue you a DDS Form 1205. This form is critical. It serves as both a notice that your license will be suspended in 45 days AND a temporary driving permit valid for those 45 days.

You have only 30 CALENDAR days from the date of arrest to request an Administrative License Suspension (ALS) hearing. This is often referred to as "The 30-Day Letter." If you fail to request a hearing within this timeframe, your license will be automatically suspended on day 46, and you lose your right to appeal.

To request a hearing, you must mail a written request, along with a $150.00 filing fee, to:

Georgia Department of Driver Services Records Management - Hearing Requests P.O. Box 80447 Conyers, GA 30013

This request MUST BE RECEIVED by DDS within 30 days of your arrest, so mailing it early is essential. Contact DDS to confirm receipt of any documents.

Missing this deadline results in an automatic license suspension.

Automatic License Suspension

Georgia law provides for automatic license suspensions following a DUI arrest, triggered by either failing or refusing a chemical test.

If You Took the Breath/Blood Test and Failed

If your blood alcohol content (BAC) was 0.08 or higher (0.02 for minors, 0.04 for commercial drivers), your license will be suspended. The DDS Form 1205 serves as a temporary driving permit valid for 45 days from the date of arrest. This temporary permit remains valid until either a decision is made at your ALS hearing, or until the 46th day if you don't request a hearing.

If You Refused Testing

Refusing to submit to a state-administered breath or blood test carries a longer suspension under Georgia's implied consent laws. If you refuse the test and fail to request an ALS hearing, you face a 12-month "hard" suspension, meaning no limited driving permit whatsoever – no driving to work, school, or anywhere else. This makes the 30-day hearing request absolutely critical in refusal cases. While the IILDP is now an option for refusals, it requires a full 12 months with the interlock device.

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.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as the Administrative License Suspension (ALS) hearing, is a civil proceeding separate from your criminal DUI case. The purpose of this hearing is to determine whether the Georgia DDS is justified in suspending your driver's license.

What It Is

The ALR hearing is separate from your criminal court case. It is held before an administrative law judge and focuses solely on whether the DDS has sufficient evidence to suspend your license. The burden of proof is lower than in a criminal trial. The DDS must prove by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Preparing for an ALR hearing involves gathering evidence and understanding the legal issues. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or police reports.
• Consult a DUI Attorney: A DUI attorney can help you understand the law, prepare your case, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the chemical test, and the accuracy of the test results.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: The administrative law judge rules in favor of the DDS, and your license suspension remains in effect.
• Suspension Overturned: The administrative law judge rules in your favor, and your license is reinstated. This often happens if the arresting officer fails to appear at the hearing.
• Ignition Interlock Limited Driving Permit (IILDP): Available to first-time offenders (no prior DUI convictions within the past 5 years), is to waive your right to a hearing and apply for an Ignition Interlock Limited Driving Permit (IILDP). This guarantees your ability to drive, but with restrictions.

Hardship/Restricted License in Georgia law allows for limited driving permits under certain circumstances, including hardship licenses and Ignition Interlock Limited Driving Permits (IILDP).

• Eligibility Requirements: Eligibility for a limited driving permit depends on the circumstances of your case, including whether you refused testing and whether you have prior DUI convictions.
• What You Can Drive For: Limited driving permits typically restrict driving to specific purposes, such as work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The cost and application process for a limited driving permit vary depending on the type of permit you are seeking.
• IID Requirement: An Ignition Interlock Device (IID) is often required as a condition of a limited driving permit, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must meet all requirements set by the Georgia DDS, including completing any required DUI Alcohol or Drug Use Risk Reduction Program (DUI school), paying reinstatement fees, and providing proof of insurance.
• Fees: Reinstatement fees vary depending on the length of the suspension and whether you have prior DUI convictions.
• 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: You may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) and any other court-ordered programs.

Forsyth County DDS Office

The Georgia Department of Driver Services (DDS) has a local office in Cumming:

Cumming 4140 Deputy Way Cumming, GA 30040

Hours and phone number are not available.

Special Programs

• Ignition Interlock Device Program: Georgia law requires the use of ignition interlock devices (IIDs) for certain DUI offenders. An IID is a device installed in a vehicle that requires the driver to blow into a breathalyzer before starting the engine. The vehicle will not start if the driver's BAC is above a pre-set limit.
• Occupational License: The DDS offers a limited driving permit, sometimes called an occupational license, that allows individuals whose licenses have been suspended to drive for work purposes.

Frequently Asked Questions

**Q: If I pay my cash bond at the Forsyth County Jail, do I need exact change?*A: Yes, the depositor must have the exact change or close to it; the jail intake officers are not bankers.

**Q: What happens if I miss the 30-day deadline to request an ALS hearing in Forsyth County?*A: If you miss the 30-day deadline, your license will be automatically suspended, and you lose your right to appeal the suspension.

**Q: Where will my car be impounded if I am arrested for DUI by the Forsyth County Sheriff's Office?*A: If arrested by FCSO, K&K Towing (131 Amos Dr, Cumming, GA 30040) is a primary contractor.

Sources

• Cumming | Georgia Department of Driver Services
• Forsyth County DUI Court Participant Handbook