Grady County License Hearing Guide

Grady DUI License Suspension & ALR Hearing

A DUI arrest in Grady, Georgia can trigger two separate legal processes: a criminal court case and an administrative license suspension. Understanding the difference and acting quickly is crucial to protecting your driving privileges. This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing process, and how to navigate it successfully.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Grady County, you have an extremely important deadline: you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This deadline is non-negotiable. Failing to request a hearing within this timeframe will result in an automatic suspension of your driver's license.

Where to Request: You must request the hearing through the Georgia Department of Driver Services (DDS).

How to Request:

• Online: Visit the Georgia DDS website (dds.georgia.gov). Look for the section related to DUI or Administrative License Suspension and follow the instructions to request a hearing online. This is generally the fastest and most efficient method.
• Phone: Contact the DDS at their designated DUI/ALR hearing phone number (check the DDS website for the most up-to-date contact information). Be prepared to provide your driver's license number and information related to your arrest.
• Mail: While not recommended due to potential delays, you can send a written request for a hearing to the DDS. Include your full name, driver's license number, date of birth, date of arrest, arresting officer's name, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to ensure proof of delivery. The address can be found on the DDS website.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so act immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension, depending on the circumstances of your arrest.

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 at or above 0.08, your license will be suspended if the ALR hearing does not go in your favor.

• BAC over 0.08: If the ALR hearing is lost, you will face a suspension period, which will be detailed in the notice you receive from the DDS. This suspension is separate from any penalties imposed in criminal court.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is typically valid until the date of your ALR hearing or the date your suspension officially begins if you don't request a hearing or lose your hearing.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries significant consequences in Georgia.

• Refusal Penalty: Refusing the test results in a longer license suspension than failing the test. This is because of Georgia's implied consent laws.
• Implied Consent Law in Georgia: By driving on Georgia roads, you have implicitly consented to submit to chemical testing if suspected of DUI. Refusal to comply with this law carries severe penalties.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the DDS and focuses solely on whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa.
• Decides If License Suspension Is Warranted: The hearing officer will determine whether there was sufficient evidence to justify your arrest for DUI and whether your license should be suspended.
• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DDS only needs to show "probable cause" to believe you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

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

• Gather Evidence: Collect any evidence that could support your case, such as witness statements, dashcam footage, or other documentation that could challenge the basis for your arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Georgia ALR hearings can provide invaluable assistance in preparing your case, presenting evidence, and cross-examining witnesses. They understand the nuances of Georgia DUI law and the ALR process.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the probable cause for your arrest, the accuracy of the breath or blood test (if applicable), and whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension of your license.
• Suspension Overturned: The hearing officer finds that the evidence is insufficient to support the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: The hearing officer may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., to work, school, or medical appointments). This is not guaranteed and depends on the specific circumstances of your case.

Hardship/Restricted License in Georgia

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

• Eligibility Requirements: To be eligible, you typically need to demonstrate that the suspension is causing you significant hardship, such as preventing you from getting to work, school, or medical appointments.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as work, school, medical appointments, court-ordered obligations, and attending substance abuse treatment programs.
• 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, the DDS may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of receiving a hardship license.

Getting Your License Back

Regaining your full driving privileges after a DUI arrest requires fulfilling specific requirements.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends (whether from the ALR hearing or criminal court), you will need to meet certain requirements to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: Georgia often requires drivers convicted of DUI to obtain SR-22 insurance, which is a certificate of financial responsibility.
• 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) as a condition of reinstatement.

Grady DMV Offices

Unfortunately, Grady County does not have a full-service DDS office. The closest DDS locations are:

• Thomasville Customer Service Center

• 1406 E Jackson St, Thomasville, GA 31792

• Hours: Monday-Friday, 8:00 AM - 5:00 PM

• Moultrie Customer Service Center

• 2105 S Main St, Moultrie, GA 31768

• Hours: Monday-Friday, 8:00 AM - 5:00 PM

It is always recommended to check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information, including hours of operation, services offered, and any potential closures.

Special Programs

• Ignition Interlock Device (IID) Program: Georgia has an IID program that allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: An occupational license is a type of limited driving permit that allows individuals to drive for work-related purposes, even if their license is suspended.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): This state-mandated program is often required for DUI offenders and focuses on educating participants about the dangers of alcohol and drug abuse and promoting responsible driving habits.

This information is intended for general guidance only and should not be considered legal advice. If you have been arrested for DUI in Grady County, Georgia, it is crucial to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options.