Gwinnett County DDS ALS Hearing Guide

Gwinnett County DUI License Suspension & ALR Hearing

After a DUI arrest in Gwinnett County, you face two separate but related legal battles: a criminal case in court and an administrative license suspension (ALS) proceeding handled by the Georgia Department of Driver Services (DDS). This guide focuses on the ALS process, which determines whether you can keep your driving privileges. It's crucial to understand that even if you are found not guilty in criminal court, your license can still be suspended administratively. Navigating this system requires immediate action and understanding of specific deadlines.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

Following a DUI arrest in Gwinnett County, you have only 30 calendar days from the "Date of Service" on the DS-1205 form to request an Administrative License Suspension (ALS) hearing. This is a strict deadline. Missing it will result in an automatic suspension of your driver's license. This deadline is strictly enforced. The "mailbox rule" generally applies, meaning the postmark date is controlling, but reliance on regular mail is perilous.

To request a hearing, you must submit the DDS-1206 form and a $150.00 fee to the Georgia Department of Driver Services.

**Where to Request:*The request must be directed to the specific regulatory compliance unit, not a general correspondence address.

How to Request: Mailing: P.O. Box 80447, Conyers, GA 30013. Send via Certified Mail with Return Receipt Requested to ensure proof of delivery.

• Courier/Physical: 2206 Eastview Parkway, Conyers, GA 30013. Note that if visiting a center, checks are not accepted (cash/card/money order only).
• Online Submission: DDS has recently introduced online submission portals, which generate immediate digital receipts. This is becoming the preferred method for speed and verification.

**What Happens If You Miss the Deadline:*If you fail to request a hearing within 30 days, your license will be automatically suspended on Day 46. This suspension is often irreversible.

Automatic License Suspension

Even before your criminal case is resolved, the DDS can suspend your license based on the circumstances of your arrest. The grounds for suspension depend on whether you took a breath/blood test and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The suspension is for one year, but you may be eligible for a limited permit after serving 30 days of "hard" suspension and completing DUI school.

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 arrested for DUI. Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test. If you refused the test, the suspension is for one year with no limited permit. This is the "hard suspension" that devastates livelihoods. The driver cannot drive to work, school, or medical appointments.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal case. It is conducted by the Office of State Administrative Hearings (OSAH) and focuses solely on whether the DDS has sufficient grounds to suspend your license.

The burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Preparing for your ALR hearing is crucial. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam or bodycam footage. According to research, obtaining bodycam footage from the Gwinnett County Police Department (GCPD) costs $0.50 per minute for "review and redaction." Dashcam video is a flat $10.00.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the legal complexities of the ALR hearing, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: The OSAH hearing is limited in scope. You can challenge whether the officer had reasonable grounds to stop you, whether the officer properly read you your implied consent rights, and whether you refused or failed the test.

Possible Outcomes

• Suspension Upheld: If the ALJ finds that the DDS has sufficient grounds, your license will be suspended.
• Suspension Overturned: If the ALJ finds that the DDS does not have sufficient grounds, your license suspension will be rescinded.
• 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 with a suspended license, you may be eligible for a limited driving permit (LDP) for specific purposes, such as work, school, or medical appointments. Georgia law (O.C.G.A. § 40-5-64) authorizes permits for "extreme hardship" limited to specific purposes: employment, medical care, education, substance abuse treatment, and court/probation duties. These permits are typically issued with a fixed schedule detailing the driver's work hours and location.

To obtain an LDP, you must meet certain eligibility requirements, including:

• First DUI conviction (non-drug).
• ALS suspension (after 30 days hard suspension for BAC failure).
• You may be required to install an Ignition Interlock Device (IID) on your vehicle.

The cost of the permit is $25.00 to DDS, plus installation ($100-$200) and monthly monitoring fees ($80-$100) to the private provider.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved, you will need to take steps to reinstate your license. This typically involves:

• Reinstatement Requirements: Meeting any requirements imposed by the court, such as completing DUI school or community service.
• Fees: Paying a reinstatement fee to the DDS. The reinstatement fee for a first DUI is $210 (by mail/online) or $200 (in person).
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: Completing any required DUI Alcohol or Drug Use Risk Reduction Program.

Gwinnett County DMV Offices

The Georgia Department of Driver Services (DDS) has two customer service centers in Gwinnett County:

• Lawrenceville CSC: 310 Hurricane Shoals Rd NE, Lawrenceville, GA 30046. Phone: (678) 413-8400. Hours: Tue-Fri: 7:30am-6:30pm; Sat: 7:30am-12:00pm. Services: Reinstatement, Issuance, Testing, MVR.
• Norcross CSC: 2211 Beaver Ruin Rd, Norcross, GA 30071. Phone: (678) 413-8400. Hours: Tue-Fri: 7:30am-6:30pm; Sat: 7:30am-12:00pm. Services: Reinstatement, Issuance, Testing.

Special Programs

• Ignition Interlock Device Program: Allows you to drive with a device that tests your breath for alcohol.
• DUI Court Program: Gwinnett County employs a "Therapeutic Jurisprudence" model known as the DUI Court Program to address recidivism among repeat offenders. This is a three-phase intervention program with a minimum duration of 12 months.

Frequently Asked Questions

**Q: Where are ALR hearings typically held in Gwinnett County?*A: Many Gwinnett-based ALS hearings have been held at the Duluth Municipal Court (Public Safety Building) located at 3276 Buford Hwy, Duluth, GA 30096. However, the definitive source for the location is the "Notice of Hearing" mailed to the defendant.

**Q: What is the cost of obtaining bodycam footage from a Gwinnett County DUI arrest?*A: The Gwinnett County Police Department charges $0.50 per minute for bodycam video due to the cost of "review and redaction."

**Q: What happens if I don't request an ALS hearing within 30 days of my DUI arrest in Gwinnett County?*A: Your driver's license will be automatically suspended on Day 46.

Sources

• Administrative License Suspension (ALS) Hearing Requests - Georgia Department of Driver Services
• Georgia Department of Driver Services Appeal/Hearing Request
• Hearings by Telephone or Video - Georgia Office of State Administrative Hearings
• State Hearings/ Child Support - Welcome to Duluth, GA
• IGNITION INTERLOCK DEVICE LIMITED PERMIT CUSTOMER INFORMATION SHEET - Georgia Department of Driver Services
• Application for Limited Driving Permit (OCGA §40-5-64)