Greene County License Hearing Guide

Greene DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Greene County, Georgia)

Being arrested for Driving Under the Influence (DUI) in Greene County, Georgia can be a frightening experience. Beyond the potential criminal penalties, you face the immediate threat of losing your driving privileges. It’s crucial to understand that there are two separate legal processes: a criminal case and an administrative one related to your driver's license. This guide focuses on the administrative process, specifically the Administrative License Revocation (ALR) hearing, which determines the fate of your driver's license. This is a time-sensitive matter, so act quickly!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Greene County, you have a very limited time – only 15 days – to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline will result in an automatic suspension of your license.

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

How to Request:

• Online: The DDS website (dds.georgia.gov) is the fastest and most convenient way to request a hearing. Look for the section related to DUI and ALR hearings.
• Phone: Contact the DDS at their designated DUI hearing request phone number (check the DDS website for the current number). Be prepared to provide your driver's license information and details about your arrest.
• Mail: While not recommended due to the strict deadline, you can mail a written request to the DDS ALR Hearing Division. Ensure it is postmarked within the 15-day window. Include your name, driver's license number, date of birth, date of arrest, arresting officer's name, and a clear statement requesting an ALR hearing. Important: Mailing carries a risk of delay and potentially missing the deadline. Online or phone requests are strongly advised.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days of your arrest, your driver's license will automatically be suspended. This suspension will begin , and you will lose your driving privileges. Don't let this happen! Act now to protect your ability to drive.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an 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 0.08% or higher, your license will be suspended if the ALR hearing does not overturn the suspension. In Georgia, the suspension period for a failed test is typically .

Following your arrest, you likely received a temporary driving permit. This temporary permit is valid until your ALR hearing or until the suspension period begins, whichever comes first. Use this time wisely to prepare for the hearing and explore your options.

If You Refused Testing

Refusing to take a breath, blood, or urine test carries even more severe consequences. Georgia, like most states, has an implied consent law. This means that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI.

The penalty for refusing a test is a longer license suspension than for failing a test. In Georgia, the suspension period for refusing a chemical test is typically . This suspension is also subject to the ALR hearing process, but challenging a refusal suspension can be more difficult.

The ALR/Administrative Hearing

Understanding the nature of the ALR hearing is critical.

What It Is

The ALR hearing is an administrative hearing, meaning it's separate and distinct from any criminal proceedings related to your DUI charge. The sole purpose of the ALR hearing is to determine whether your driver's license should be suspended based on the circumstances of your arrest. The hearing is conducted by an administrative law judge (ALJ).

The burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show by a preponderance of the evidence (meaning it's more likely than not) that the suspension is warranted.

How to Prepare

Proper preparation is crucial to maximizing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, receipts showing where you were prior to the arrest, or any other information that challenges the basis for the DUI arrest.
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. An experienced Georgia DUI attorney can advise you on your legal rights, gather evidence on your behalf, and represent you at the hearing. While it is an added expense, it could be the difference between keeping your license and losing it.
• Understand What You Can Challenge: Common challenges in an ALR hearing include:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your implied consent rights.
• Whether the breath or blood test was properly administered and the results are accurate.

Possible Outcomes

The ALJ will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the state has met its burden of proof, and your license suspension will be upheld.
• Suspension Overturned: The ALJ finds that the state has not met its burden of proof, 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 restricted or hardship license, allowing you to drive under certain conditions (see below).

Hardship/Restricted License in Georgia

Even if you lose your ALR hearing and your license is suspended, you might be eligible for a restricted or hardship license.

• Eligibility Requirements: Georgia law outlines specific requirements for obtaining a hardship license. Generally, you must demonstrate a need to drive for essential purposes, such as work, school, medical appointments, or attending court-ordered programs. There is typically a waiting period before you can apply for a hardship license. .
• What You Can Drive For: A hardship license typically restricts you to driving only for specific purposes, such as going to and from work, school, medical appointments, or probation meetings.
• Costs and Application Process: The application process involves submitting an application to the DDS along with supporting documentation. There are fees associated with obtaining a hardship license. Check the DDS website for the most up-to-date information on fees and application procedures.
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

The process of getting your license fully reinstated after a DUI suspension involves several steps.

After Criminal Case Concludes

The outcome of your criminal case will also impact your license. Even if you win the ALR hearing, a conviction for DUI will result in a separate license suspension.

• Reinstatement Requirements: To reinstate your license after the suspension period, you will typically need to:
• Pay a reinstatement fee to the DDS.
• Provide proof of completion of any court-ordered DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Provide proof of SR-22 insurance (see below).
• Fees: Reinstatement fees vary. Check the DDS website for the current fee schedule.
• SR-22 Insurance Requirement: An SR-22 is a certificate of financial responsibility that your insurance company files with the DDS to verify that you have the required minimum liability insurance coverage. You will likely be required to maintain SR-22 insurance for a period of after your license is reinstated.
• Classes/Programs That Must Be Completed: As mentioned above, completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is typically a requirement for license reinstatement.

Greene DMV Offices

Unfortunately, because Greene County has no incorporated towns or cities, there is no specific DMV office within the county. The closest DDS office is located in . Always confirm hours of operation with the DDS website before visiting.

Special Programs

• Ignition Interlock Device 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 the driver's BAC is above a certain level.
• Occupational License: [Research and include information about occupational licenses in Georgia, if applicable, and how they differ from hardship licenses]
• [Research and include any other state-specific programs related to DUI license suspensions and reinstatement in Georgia.]

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Greene County, Georgia. It is not a substitute for legal advice. If you have been arrested for DUI, you should consult with an experienced Georgia DUI attorney as soon as possible to discuss your specific situation and legal options. Time is of the essence!