Harris County License Hearing Guide

Harris DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Harris, Georgia? Your driver's license is at serious risk. Understanding the administrative process and acting fast is crucial. This guide provides the immediate, practical information you need to navigate the license suspension process and fight to keep your driving privileges.

A DUI arrest triggers two separate legal processes: a criminal case in Harris County court and an administrative action against your driver's license by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative side – specifically, the potential suspension of your license and how to request an Administrative License Revocation (ALR) hearing. This is a completely separate process from your criminal case. You can be found "not guilty" in court and still lose your license through the ALR process if you don't act quickly.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: you have only 15 days from the date of your DUI arrest to request an ALR hearing. Missing this deadline results in an automatic suspension of your driver's license. No excuses.

Where to Request: The hearing is requested through the Georgia Department of Driver Services (DDS).

How to Request: You typically have a few options:

• Online: Check the DDS website (https://dds.georgia.gov/) for online ALR hearing request options. Look for sections related to DUI or license suspension.
• Phone: Call the DDS customer service line. Be prepared for potential wait times. The number is usually available on the DDS website. Ask specifically how to request an ALR hearing after a DUI arrest.
• Mail: While less common now, you might be able to request the hearing by certified mail. Check the DDS website for the correct address and required form (if any). Ensure you send it with enough time to be received within the 15-day window. Keep proof of mailing.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your Georgia driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath/blood test and what the results were, or if you refused testing. It's extremely difficult to get this deadline extended, so don't delay!

Automatic License Suspension

The Georgia DDS will automatically suspend your license under certain circumstances following a DUI arrest. Here's a breakdown:

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The suspension period for a first offense is generally 12 months, but you may be eligible for a restricted license (explained below).
• Temporary Permit: The officer likely gave you a temporary driving permit at the time of your arrest. This permit is usually valid for 30 days, or until your ALR hearing date or the date your suspension begins if you didn't request a hearing, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test after a DUI arrest carries a harsher penalty than failing the test. In Georgia, a refusal results in a 12-month suspension, and you are not eligible for a limited driving permit during this suspension period.
• Implied Consent Law in Georgia: Georgia's implied consent law means that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries significant penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: Remember, this hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DDS has sufficient evidence to suspend your license based on your DUI arrest.
• Lower Burden of Proof than Criminal Trial: The DDS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial.

How to Prepare

• Gather Evidence: Start gathering any evidence that might support your case. This could include:
• Witness statements (if anyone was with you who can attest to your sobriety).
• Dashcam or security camera footage (if available and relevant).
• Medical records (if you have a medical condition that could affect BAC readings).
• Consider Hiring a DUI Attorney: An experienced Harris County DUI attorney can be invaluable in navigating the ALR hearing process. They understand the law, know how to present evidence effectively, and can represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the DUI stop and arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath/blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DDS has proven its case, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DDS has not proven its case, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: Even if your suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under certain circumstances (see below).

Hardship/Restricted License in Georgia

Georgia offers restricted or hardship licenses to individuals whose licenses have been suspended for DUI.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case. Generally, you must:
• Have completed a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Have no prior DUI convictions within the past five years.
• Meet other specific requirements set by the DDS.
• What You Can Drive For: A restricted license typically allows you to drive for:
• Work.
• School.
• Medical appointments.
• Attending DUI school or treatment programs.
• Costs and Application Process: The cost of a restricted license varies. You'll need to apply through the DDS and provide documentation to support your eligibility.
• IID Requirement: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license. The IID requires you to blow into a device before starting your car, and it will prevent the car from starting if it detects alcohol.

Getting Your License Back

Getting your license reinstated after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You'll need to meet all requirements set by the DDS, which may include:
• Serving the full suspension period.
• Completing DUI school or treatment programs.
• Paying reinstatement fees.
• Passing the vision and knowledge exams.
• Fees: Reinstatement fees vary and can be found on the DDS website.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time.
• Classes/Programs That Must Be Completed: DUI school is almost always required. Additional treatment programs may be required depending on the circumstances of your case.

Harris DMV Offices

Because Harris County has no population, the closest DDS office is:

• Columbus Driver Services Customer Service Center: 6748 Flat Rock Road, Columbus, GA 31907. Hours vary. Check the DDS website for current hours and availability.

It is recommended to check the DDS website (https://dds.georgia.gov/) for the most up-to-date information on office locations, hours, and services.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with a suspended license to drive with an IID installed in their vehicle.
• Occupational License: While Georgia generally issues restricted licenses, some older regulations might refer to "occupational licenses." These essentially function the same way.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified Harris County DUI attorney for personalized guidance on your specific situation. Time is of the essence – contact an attorney today!