Houston County License Hearing Guide

Houston DUI License Suspension & ALR Hearing

Time is of the essence! If you were just arrested for DUI in Houston County, Georgia, your driver's license is in immediate jeopardy. This guide will walk you through the process of fighting your license suspension through the Administrative License Revocation (ALR) hearing. Understanding your rights and acting quickly is crucial.

It's important to understand that your DUI arrest triggers two separate legal processes:

• Criminal Case: This is the case in criminal court where you could face fines, jail time, community service, and other penalties.
• Administrative License Suspension (ALR): This is a separate process handled by the Georgia Department of Driver Services (DDS) that determines whether your driver's license will be suspended. This process is triggered by either failing a breath/blood test or refusing to take one.

This guide focuses on the administrative process and how to potentially save your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have a very limited window to protect your license. You MUST request an ALR hearing within 15 days of your arrest. Missing this deadline means your license will be automatically suspended. No exceptions are typically made.

Where to Request: You need to request the hearing through the Georgia Department of Driver Services (DDS).

How to Request: You have a few options:

• Online: The DDS website (dds.georgia.gov) often has an online portal for requesting ALR hearings. Check their website first for the most up-to-date instructions.
• Phone: Call the DDS customer service line. Be prepared to provide information about your arrest and driver's license. The number is typically listed on the paperwork you received at the time of your arrest.
• Mail: Send a written request for an ALR hearing to the address specified on the paperwork from your arrest. Make sure to send it certified mail with return receipt requested so you have proof of timely submission. Your request should include your name, address, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. The suspension period will vary depending on whether you failed a test or refused to take one. Don't let this happen! Act now.

Automatic License Suspension

The grounds for administrative license suspension in Georgia depend on whether you submitted to chemical testing (breath or blood) and the results, or if you refused to be tested.

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 length of the suspension depends on whether this is your first DUI offense. For a first offense, expect a suspension period of at least 6 months.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid for 45 days or until the date of your scheduled ALR hearing (if you requested one), whichever comes first. Once the suspension begins, you cannot legally drive unless you obtain a hardship license (discussed below).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test in Georgia. Refusal will result in a longer license suspension. For a first offense refusal, expect a suspension of 12 months with no limited driving permit available.
• Implied Consent Law in Georgia: 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. Refusal to comply with this law can result in serious consequences, as described above.

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: It is crucial to understand that the ALR hearing is completely separate from your criminal DUI case. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the police had probable cause to arrest you for DUI and whether the proper procedures were followed during the arrest and testing (if applicable).
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DDS only needs to prove their case by a "preponderance of the evidence," meaning it is more likely than not that the suspension is justified. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam footage
• Medical records
• Photos or videos
• Consider Hiring a DUI Attorney: A DUI attorney specializing in Georgia DUI law can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal procedures, can cross-examine witnesses, and present your case effectively.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the evidence supports the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a limited driving permit, also known as a hardship license, in Georgia.

• Eligibility Requirements: Eligibility requirements vary, but generally, you must demonstrate a need to drive for essential purposes, such as:

• Work

• School (including dropping off/picking up children)

• Medical appointments

• Attending court-ordered programs

• What You Can Drive For: A hardship license typically restricts you to driving only for the approved purposes listed above. The permit will specify the times, routes, and locations you are allowed to drive.

• Costs and Application Process: The application process involves submitting an application to the DDS, providing documentation to support your need for a hardship license, and paying a fee.

• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, 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

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement depend on the length of your suspension and the terms of your criminal sentence. Generally, you will need to:

• Pay a reinstatement fee to the DDS.

• Provide proof of completion of any court-ordered DUI Alcohol or Drug Use Risk Reduction Program (DUI school).

• Provide proof of SR-22 insurance (high-risk auto insurance).

• Fees: Reinstatement fees vary and are subject to change. Check the DDS website for the current fee schedule.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the state, proving that you have the required minimum liability coverage. You will likely need to maintain SR-22 insurance for a period of several years after your DUI conviction.

• Classes/Programs That Must Be Completed: As mentioned above, you will likely be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) before your license can be reinstated.

Houston DMV Offices

Unfortunately, I cannot provide exact addresses and hours for Houston County DMV offices without real-time access to that data. However, you can easily find this information by:

• Visiting the Georgia Department of Driver Services (DDS) website (dds.georgia.gov). They have a "Locations" or "Office Finder" tool that allows you to search for offices by county.
• Using a search engine like Google or DuckDuckGo. Search for "Houston County GA DMV" or "Houston County GA DDS" to find local office information.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, Georgia utilizes an Ignition Interlock Device (IID) program. This program allows individuals convicted of DUI to drive with a device installed in their vehicle that requires them to blow into it to ensure they are not under the influence of alcohol.
• Occupational License: An occupational license allows individuals whose licenses have been suspended to drive for work-related purposes. Eligibility requirements and restrictions apply.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI school): This is a mandatory program for individuals convicted of DUI in Georgia. It involves completing a course on the dangers of alcohol and drug use and developing strategies for avoiding future DUI offenses.

Disclaimer: This guide provides general information about Georgia DUI laws and procedures. It is not legal advice. If you have been arrested for DUI in Houston County, Georgia, you should consult with a qualified DUI attorney as soon as possible to discuss your specific situation and legal options.