Hall County License Hearing Guide

Your License After a DUI Arrest in Hall County

A DUI arrest in Hall County, Georgia, triggers two separate but related legal processes: a criminal case in the State Court of Hall County and an administrative action against your driver's license by the Georgia Department of Driver Services (DDS). While the criminal case addresses the DUI charges themselves, the administrative process determines whether your driving privileges will be suspended. Understanding the administrative process and acting quickly is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

Following a DUI arrest in Hall County, you have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing with the DDS. This is a critical deadline.

• Where to Request: The request must be sent to the Georgia Department of Driver Services (DDS).
• How to Request: Send a written request and a $150 filing fee to DDS.
• What Happens If You Miss the Deadline: If you fail to request a hearing within the 30-day deadline, your driver's license will be automatically suspended. There is no appeal or extension.

Automatic License Suspension

Even if you request an ALS 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 0.08 or higher, your license will be suspended. The DDS Form 1205 issued at the time of your arrest acts as a temporary driving permit, valid for 45 days. After that, the suspension goes into effect unless you request and win an ALS hearing.

If You Refused Testing

Georgia's implied consent law means that 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 longer license suspension than failing the test. The Implied Consent law in Georgia means that refusal carries a one-year license suspension for a first offense.

The ALR/Administrative Hearing

What It Is

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

• Separate from Criminal Court: The outcome of the ALR hearing does not directly affect the criminal DUI case, and vice-versa.
• Decide If License Suspension Is Warranted: The hearing officer will review the evidence and decide whether the officer had probable cause to arrest you for DUI and whether the test results (or refusal) warrant a license suspension.
• 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 "preponderance of the evidence" (more likely than not) that the suspension is warranted, rather than "beyond a reasonable doubt."

How to Prepare

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

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hall County can guide you through the ALR process, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath/blood test, and whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DDS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DDS has not met its burden of proof, your license suspension will be overturned, and your driving privileges 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 or hardship license.

Hardship/Restricted License in Georgia

Even with a suspended license, you may be eligible for a limited driving permit in Georgia, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility varies based on the specific circumstances of your DUI and prior driving record. Generally, you must not have any prior DUI convictions within the past five years.
• What You Can Drive For: A limited permit typically allows you to drive to and from work, school, medical appointments, and DUI Alcohol Risk Reduction Program (DUI School) classes.
• Costs and Application Process: You must apply for a limited permit through the DDS and pay a reinstatement 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 obtaining a limited permit.

Getting Your License Back

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

After Criminal Case Concludes

Even if you win your ALR hearing, you will still need to address your license after the criminal case is resolved.

• Reinstatement Requirements: You must complete any court-ordered DUI school, pay all fines and fees, and satisfy any other requirements imposed by the court.
• Fees: The Georgia DDS charges a reinstatement fee to restore your driving privileges. This fee is $210.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of three years.
• Classes/Programs That Must Be Completed: You must complete a DUI Alcohol or Drug Use Risk Reduction Program, which costs approximately $360.

Hall County DDS Office

The local DDS office in Hall County is located at:

• Address: 1010 Aviation Blvd, Gainesville, GA 30507
• Hours: Tue-Fri 8am-6pm, Sat 8am-12pm
• Closed: Sundays and Mondays

Special Programs

• Ignition Interlock Device Program: Georgia law requires IIDs for repeat DUI offenders and those with high BAC levels.
• Occupational License: In some cases, you may be eligible for an occupational license, which allows you to drive for work-related purposes even if your license is suspended.

Frequently Asked Questions

Q: How long will my license be suspended if I refuse the breath test in Hall County? A: Under Georgia's implied consent law, refusing a breath test results in a one-year license suspension for a first offense.

Q: Can I get a limited driving permit if I refused the breath test in Hall County? A: You may be eligible for a limited driving permit, but eligibility requirements vary. Consult with a DUI attorney to discuss your specific situation.

Q: Where do I request an Administrative License Suspension (ALS) hearing in Hall County? A: Send a written request and a $150 filing fee to the Georgia Department of Driver Services (DDS) within 30 days of your arrest.