Fulton County DDS ALS Hearing Guide

Fulton County DUI License Suspension & ALR Hearing

A DUI arrest in Fulton County triggers two separate legal processes: a criminal case in court, and an administrative action against your driver's license by the Georgia Department of Driver Services (DDS). While the criminal case determines your guilt or innocence, the administrative process determines whether your driving privileges will be suspended. This guide focuses on the administrative license suspension and the steps you must take to protect your driving privileges in Fulton County.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in Fulton County, you have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This is a crucial deadline. Failing to request a hearing within this timeframe will result in an automatic suspension of your driver's license.

You must request the hearing from the Georgia Department of Driver Services (DDS). You can request a hearing using the DDS Online Services portal.

If you miss the 30-day deadline, your license will be automatically suspended, and you will lose the opportunity to challenge the suspension through an administrative hearing.

Automatic License Suspension

Regardless of the criminal case outcome, the DDS can suspend your license based on the circumstances of your arrest. The grounds for suspension depend on whether you submitted to chemical testing (breath, blood, or urine) and the results, or if you refused to be tested.

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.

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 longer license suspension than failing a test. Refusal can result in a one-year license suspension for a first offense.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by the DDS to determine whether your driver's license should be suspended based on the DUI arrest.

What It Is

The ALR hearing is an administrative hearing, not a criminal trial. 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. The hearing officer will consider evidence and testimony to determine if:

• The arresting officer had reasonable grounds to believe you were driving under the influence.
• You were lawfully arrested.
• You were properly informed of your implied consent rights.
• You refused to submit to the designated state-administered chemical test; OR Your BAC was 0.08 grams or more.

How to Prepare

Preparing for an ALR hearing is crucial. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consult with a DUI Attorney: A DUI attorney experienced in Fulton County can help you navigate the ALR process, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge the legality of the stop, the administration of the breath test, or whether you were properly informed of your rights under Georgia's implied consent law.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, 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 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) that allows you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

Even if your license is suspended, you might be eligible for a limited driving permit in Georgia.

• Eligibility: Generally, you must have completed DUI school and meet other requirements set by the DDS.
• Driving Purposes: A limited permit typically allows you to drive to and from work, school, DUI school, medical appointments, and court-ordered community service.
• Application Process: You must apply for a limited permit through the DDS and provide documentation supporting your eligibility.

Getting Your License Back

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

After Criminal Case Concludes

Reinstatement requirements vary depending on the outcome of your criminal case and the length of your suspension. Generally, you will need to:

• Pay Reinstatement Fees: The DDS charges reinstatement fees, which can be paid online or in person at a DDS customer service center.
• Complete DUI School/Risk Reduction Program: You will likely be required to complete a DUI Alcohol or Drug Use Risk Reduction Program.
• SR-22 Insurance: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Ignition Interlock Device (IID): Depending on the circumstances of your DUI, you may be required to install an IID on your vehicle.

Fulton County DDS Customer Service Centers

To handle license reinstatements, limited permit applications, and other DDS matters, you can visit the following DDS Customer Service Centers:

• Atlanta/Buckhead DDS Customer Service Center: 2201 Faulkner Road NE, Atlanta, GA 30324
• North Fulton DDS Customer Service Center: 3155 North Point Parkway, Alpharetta, GA 30005
• South Fulton DDS Customer Service Center: 4045 Jonesboro Road, Union City, GA 30291

It is recommended to check the DDS website for the most up-to-date information on hours of operation and services offered at each location.

Special Programs

• Ignition Interlock Device Program: Georgia law may require the installation of an Ignition Interlock Device (IID) as a condition of license reinstatement or limited driving permit.

Frequently Asked Questions

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

**Q: Where do I request an ALR hearing after a DUI arrest in Fulton County?*A: You must request the hearing from the Georgia Department of Driver Services (DDS).

**Q: What happens if I miss the deadline to request an ALR hearing in Fulton County?*A: If you miss the 30-day deadline, your driver's license will be automatically suspended.

Sources

• Georgia Department of Driver Services (DDS)
• DDS Georgia License/ID
• DDS Violations, Suspensions, and Revocations
• DDS Reinstatement Fees and Payment
• DDS Locations
• DDS ALS Options