Henry County DDS ALS Hearing Guide

Henry County DUI License Suspension & ALR Hearing

A DUI arrest in Henry County, Georgia, triggers two separate legal cases: a criminal case in court and an administrative case with the Georgia Department of Driver Services (DDS). This guide focuses on the administrative side – specifically, how to protect your driving privileges after a DUI arrest. The outcome of your criminal case does not directly determine your license suspension. The administrative process, triggered by your arrest, can result in a license suspension regardless of the criminal court's decision. Understanding this crucial distinction and acting quickly is vital.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in Henry County, you have a strict 30-day deadline to request an Administrative License Suspension (ALS) hearing with the Georgia DDS. This 30-day window begins from the date of your arrest or the date you were served with the DDS-1205 form (the yellow sheet given to you by the arresting officer when your license was seized).

Where to Request: You must request the hearing through the Georgia DDS.

How to Request: Online: Check the DDS website for online hearing request options.

• Mail: Send a written request to the DDS Hearings Division.
• In Person: Visit a DDS Customer Service Center and submit your request.

What Happens If You Miss the Deadline: If you fail to request an ALS hearing within 30 days, your driver's license will be automatically suspended on the 46th day after your arrest. The DDS-1205 form serves as a temporary driving permit for 45 days, but after that, you cannot legally drive.

Automatic License Suspension

Even if you plan to fight your DUI charges in criminal court, your license will be automatically suspended under certain circumstances unless you request an ALS hearing within the 30-day deadline.

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-1205 form you received acts as a temporary driving permit, valid for 45 days, allowing you time to request a hearing.

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 lawfully arrested for DUI. Refusing to submit to a breath, blood, or urine test results in a longer license suspension than failing the test. Refusal will result in a one-year license suspension.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by an Administrative Law Judge (ALJ) and focuses solely on whether your driver's license should be suspended. The burden of proof is lower in an ALR hearing than in a criminal trial. The ALJ only needs to determine if it's more likely than not that you were driving under the influence.

How to Prepare

• 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 can represent you at the ALR hearing, present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: Common challenges include the legality of the traffic stop, the accuracy of the breathalyzer, and whether you were properly informed of your implied consent rights.

Possible Outcomes

• Suspension Upheld: The ALJ finds sufficient evidence to support the license suspension.
• Suspension Overturned: The ALJ finds insufficient evidence, and your license is reinstated.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a limited driving permit (also called a hardship license or restricted license) that allows you to drive under specific circumstances.

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 for essential purposes.

• Eligibility Requirements: Requirements vary depending on the circumstances of your DUI arrest and any prior DUI convictions. Generally, you must not have any prior DUI convictions within the past five years and must meet specific criteria related to work, school, or medical needs.
• What You Can Drive For: A limited driving permit typically allows you to drive to and from work, school, medical appointments, and court-ordered programs like DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Costs and Application Process: There is a fee to apply for a limited driving permit. You must submit an application to the DDS, along with supporting documentation like proof of employment or school enrollment.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of receiving a limited driving permit.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must complete all court-ordered requirements, including fines, community service, and DUI school.
• Fees: Pay the license reinstatement fee to the DDS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: Complete the DUI Alcohol or Drug Use Risk Reduction Program (DUI school) and any other court-ordered treatment programs.

Henry County DDS Offices

For Henry County residents, the primary point of contact for license reinstatement or hearings is the Locust Grove Customer Service Center.

• Locust Grove Customer Service Center: 619 Tanger Blvd, Locust Grove, GA 30248.
• Hours: Tuesday – Friday (8:00 AM – 6:00 PM); Saturday (8:00 AM – 12:00 PM). Closed Sundays and Mondays.
• Services: This center handles reinstatements, vision exams, and road tests.

Special Programs

• Ignition Interlock Device (IID) Program: Georgia law mandates IIDs for repeat DUI offenders and, in some cases, for first-time offenders seeking a limited driving permit.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): This is a mandatory program for anyone convicted of DUI in Georgia.

Frequently Asked Questions

**Q: How long do I have to retrieve my personal belongings from the Henry County Jail after a DUI arrest?*A: Inmates have exactly 15 days from the date of booking to have a third party pick up their personal clothing (belts, shoes, jackets, etc.) from the Henry County Jail. If these items are not retrieved within the 15-day window, they are donated or discarded. The designee picking up the items must present valid photo ID between the hours of 8:00 AM and 3:00 PM, Monday through Friday.

**Q: Where do I request the ALR hearing in Henry County?*A: You don't request it in Henry County - you request the hearing from the Georgia Department of Driver Services (DDS), regardless of where the arrest occurred. The hearing itself may be held in a location convenient to Henry County residents, but the request goes to the state level.

**Q: What happens if I am arrested for DUI by the Henry County Police Department and my car is impounded?*A: The registered owner must physically appear at the HCPD Records Unit at 108 South Zack Hinton Parkway, McDonough, GA, to obtain a "Vehicle Release Form" before going to the tow yard. Required documentation includes a valid Driver's License (or a second licensed driver), proof of ownership, and proof of insurance.

Sources

• Henry County Portable Electronic Device Policy
• Georgia DDS Locust Grove Kiosk
• Henry County Community Service
• Georgia DDS Locust Grove
• Henry County Property Evidence
• Henry County Community Service Program
• Georgia DPS Wrecker Qualifications
• Georgia DPS Wrecker Qualifications Rotation Lists Revision November 4 2024