Murray County License Hearing Guide

Murray County DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating DUI in Murray, GA)

After a DUI arrest in Murray County, Georgia, your driver's license is at immediate risk. It's crucial to understand that there are two separate legal processes involved: the criminal case and an administrative process concerning your driving privileges. This guide focuses on the administrative license suspension and the steps you can take to potentially protect your driving privileges in Murray County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Georgia, you have only 15 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic suspension of your license.

• Where to Request: You must request the hearing from the Georgia Department of Driver Services (DDS).
• How to Request: While specific methods may vary, you can typically request the hearing online through the DDS website or by mailing a request form.
• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day timeframe, your license will be automatically suspended. There are very limited exceptions to this rule.

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, your license will likely be automatically suspended by the Georgia DDS unless you take action. The grounds for this administrative suspension depend on whether you submitted to chemical testing (breath, blood, or urine) and the results, or if you refused testing altogether.

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 under Georgia law.

• Suspension Duration: The duration of the suspension varies based on prior offenses.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid for 45 days or until the date of your ALS hearing, whichever comes first. Once the suspension goes into effect, the temporary permit is no longer valid.

If You Refused Testing

Under Georgia's implied consent law, O.C.G.A. § 40-5-55, by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing carries a longer license suspension than failing a test.

• Suspension Duration: Refusal to submit to chemical testing results in a one-year license suspension for a first offense.
• Implied Consent Law: Georgia's implied consent law means that law enforcement officers are required to inform you of the consequences of refusing to submit to chemical testing.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It's conducted by the Georgia DDS and focuses solely on whether the state has sufficient grounds to suspend your driver's license administratively.

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court.
• Decides If License Suspension Is Warranted: The purpose of the hearing is to determine whether the arresting officer had probable cause to stop you, whether you were lawfully arrested for DUI, and whether your BAC was 0.08% or higher (if you submitted to testing) or whether you refused testing.
• 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 show that it is more likely than not that the requirements for suspension are met, rather than proving guilt beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of preventing a license suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), and any documentation that challenges the officer's claims.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of field sobriety tests, the accuracy of the breathalyzer or blood test, and whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

The ALR hearing can have several possible outcomes.

• Suspension Upheld: If the hearing officer determines that the state has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the state has not met its burden of proof, the 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 (also known as a hardship license) that allows you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

Even with a suspended license, Georgia law allows for a limited driving permit under certain circumstances.

• Eligibility Requirements: To be eligible for a limited driving permit, you must typically meet certain requirements, such as completing DUI school, undergoing a clinical evaluation, and abstaining from alcohol and drugs.
• What You Can Drive For: A limited driving permit typically allows you to drive to and from work, school, medical appointments, and DUI Alcohol or Drug Use Risk Reduction Program.
• Costs and Application Process: The cost of a limited driving permit varies, and the application process involves submitting documentation to the DDS and potentially attending a hearing.
• IID Requirement: In some cases, a limited driving permit may require the installation of an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

Once your license suspension period has ended, you must take certain steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the DDS and providing proof of completion of DUI school and any required substance abuse treatment.
• Fees: Reinstatement fees vary depending on the type of suspension and any prior offenses.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period of time.
• Classes/Programs That Must Be Completed: You must complete the DUI Alcohol or Drug Use Risk Reduction Program (DUI School) and any recommended substance abuse treatment.

Murray County DDS Offices

The Georgia Department of Driver Services (DDS) handles license reinstatement. The closest DDS office to Murray County is:

• Georgia Department of Driver Services Address: 11575 Maxwell Rd, Alpharetta, GA 30009 Phone: (678) 413-8400 Hours: {'day': 'Monday', 'hours': 'Closed'}; {'day': 'Tuesday', 'hours': '7:30\u202fAM to 6:30\u202fPM'}; {'day': 'Wednesday', 'hours': '7:30\u202fAM to 6:30\u202fPM'}; {'day': 'Thursday', 'hours': '7:30\u202fAM to 6:30\u202fPM'}; {'day': 'Friday', 'hours': '7:30\u202fAM to 6:30\u202fPM'}; {'day': 'Saturday', 'hours': '7:30\u202fAM to 12\u202fPM'}; {'day': 'Sunday', 'hours': 'Closed'}

Special Programs

• Ignition Interlock Device (IID) Program: The IID program allows individuals with a suspended license to drive a vehicle equipped with a breathalyzer device.
• Occupational License: An occupational license is a limited driving permit that allows you to drive for work-related purposes.

Frequently Asked Questions

1. If I hire a bail bondsman, can they help me with my license suspension? No, a bail bondsman's role is to secure your release from jail. They cannot assist with the administrative license suspension process. You should seek legal counsel. Browse licensed bail bondsmen serving Murray County in our bail bond directory.
2. Where in Murray County will my car be impounded after a DUI arrest? Your car will likely be impounded by either Elite Wrecker & Recovery Inc, Flood’s Towing Inc. or Parrish Towing & Recovery.
3. Can I get a temporary driving permit if I refused the breathalyzer test? No, if you refused the breathalyzer test, you are generally not eligible for a temporary driving permit in Georgia.