Heard County License Hearing Guide

Heard DUI License Suspension & ALR Hearing: What You Need to Know NOW

A DUI arrest in Heard County, Georgia, can be a frightening and confusing experience. One of the most immediate concerns is the status of your driver's license. It's crucial to understand that your driver's license faces two separate threats after a DUI arrest: the criminal case and an administrative action by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative process and the crucial steps you must take to protect your driving privileges.

The administrative process is completely separate from the criminal charges you face. Even if you are ultimately found not guilty in criminal court, the DDS can still suspend your license. The key to fighting this administrative suspension lies in requesting an Administrative License Revocation (ALR) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information you need: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This deadline is strictly enforced. Missing it will result in an automatic suspension of your driver's license.

Where to Request:

You must request your ALR hearing from the Georgia Department of Driver Services (DDS).

How to Request:

You can request an ALR hearing in Georgia through the DDS website, by mail, or potentially by phone (though online is the recommended method):

• Online: The fastest and most reliable way to request a hearing is through the DDS Online Services portal. Visit the DDS website (dds.georgia.gov) and look for the "ALR Hearing Request" or similar option. You will likely need your driver's license number and arrest information.
• Mail: You can mail a written request to the DDS. The address can typically be found on the DDS website or on the DUI administrative suspension notice you received at the time of your arrest. Your request should include:
• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• The arresting officer's name and department
• A clear statement requesting an Administrative License Revocation (ALR) hearing.
• Phone: While not always the most reliable, you may be able to request a hearing by calling the DDS customer service line. Check the DDS website for the current phone number. Be prepared to provide the same information as you would in a written request. Important: If you choose to call, document the date, time, and name of the person you spoke with, and confirm that your request was properly submitted.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There is very little you can do to reverse this decision once the deadline has passed. This is why acting quickly is absolutely essential.

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, the DDS will likely suspend your license.

• BAC over 0.08: The suspension period for a first offense DUI with a BAC over the legal limit varies, but typically involves a period of suspension followed by potential reinstatement with restrictions or an ignition interlock device. The length of the suspension will be detailed in the paperwork you received from the arresting officer.
• Temporary Permit: The officer may have issued you a temporary driving permit at the time of your arrest. This permit is typically valid for a limited time, usually around 30 days, or until your ALR hearing date or the date your suspension officially begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries even more severe penalties.

• Refusal Penalty: 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. Refusing to take the test results in an automatic license suspension that is longer than the suspension for failing the test.
• Implied Consent Law in Georgia: The implied consent warning is read to you by the arresting officer. It explains the consequences of refusing to submit to testing. Even if you were not explicitly told you could lose your license for refusing, the law still applies.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice versa.
• Decide 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 the circumstances of your arrest.
• Lower Burden of Proof than Criminal Trial: The burden of proof at an ALR hearing is lower than in a criminal trial. The DDS only needs to show that it is more likely than not that you were driving under the influence. This is a "preponderance of the evidence" standard, as opposed to the "beyond a reasonable doubt" standard in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone witnessed your arrest or the events leading up to it)
• Video footage (if there is dashcam footage or surveillance video of the traffic stop)
• Medical records (if you have any medical conditions that could have affected your performance on field sobriety tests)
• Consider Hiring a DUI Attorney: A DUI attorney can be invaluable in navigating the ALR process. An attorney can:
• Investigate your case and gather evidence
• Subpoena witnesses
• Prepare legal arguments
• Represent you at the hearing
• Negotiate with the DDS
• Understand What You Can Challenge: You can challenge several aspects of the DDS's case, including:
• Whether the officer had probable cause to stop you
• Whether the officer properly administered field sobriety tests
• Whether the breath or blood test was properly administered and the results are accurate
• Whether you were properly advised of your implied consent rights

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds that the DDS has sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DDS does not have sufficient evidence, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant you a restricted or hardship license, allowing you to drive under certain conditions (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Georgia

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

• Eligibility Requirements: The eligibility requirements for a hardship license vary depending on the circumstances of your case and the length of your suspension. Generally, you must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: A hardship license typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process for a hardship license involves submitting an application to the DDS and paying a fee.
• 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 hardship license.

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee, providing proof of insurance, and completing any required DUI Alcohol Risk Reduction Program (DUI school) or other court-ordered programs.
• Fees: Reinstatement fees vary and are subject to change. Check the DDS website for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the DDS.
• Classes/Programs: You will likely be required to complete a DUI Alcohol Risk Reduction Program (DUI school) before your license can be reinstated. The court may also order you to attend other programs, such as substance abuse counseling.

Heard County DMV Offices

Since Heard County has no population, the nearest DDS offices will be in neighboring counties. It is recommended to check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on office locations and hours.

Special Programs

• Ignition Interlock Device Program: Georgia has an ignition interlock device (IID) program that allows individuals convicted of DUI to drive with an IID installed in their vehicle.
• Occupational License: In some cases, you may be able to obtain an occupational license, which allows you to drive for work-related purposes even if your license is suspended.
• State-Specific Programs: Consult with a DUI attorney to learn about any other state-specific programs that may be available to you.

A DUI arrest in Heard County is a serious matter. Understanding your rights and taking immediate action is crucial to protecting your driving privileges. Don't delay – request your ALR hearing today!