Newton County License Hearing Guide

Newton DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

A DUI arrest in Newton, Georgia can be a terrifying experience. Beyond the criminal charges, you're facing a separate, immediate threat to your driving privileges: a potential license suspension. Understanding the process and acting quickly is crucial to protecting your ability to drive. This guide outlines the steps you need to take now to navigate the administrative license suspension process in Newton.

It's important to understand that there are two separate legal processes at play after a DUI arrest:

• Criminal Case: This deals with the DUI charges themselves, handled in Newton County courts.
• Administrative License Suspension (ALS) Process: This is a civil process managed by the Georgia Department of Driver Services (DDS) that determines whether your driver's license will be suspended.

This guide focuses on the ALS process, specifically the Administrative License Revocation (ALR) hearing, and what you need to do to potentially avoid a license suspension. These are two entirely different cases.

CRITICAL DEADLINE: Request an ALR 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 Administrative License Revocation (ALR) hearing. Missing this deadline will result in an automatic suspension of your driver's license.

Where to Request: The request for an ALR hearing is made to the Georgia Department of Driver Services (DDS).

How to Request: You can typically request a hearing through one of the following methods:

• Online: Visit the Georgia DDS website (dds.georgia.gov) and look for the ALR hearing request form. You may need to create an account.
• Phone: Contact the DDS at their designated ALR hearing request phone number (check the DDS website for the current number). Be prepared to provide your driver's license information and arrest details.
• Mail: Send a written request for an ALR hearing to the address specified on the DDS website or the DUI paperwork you received at the time of your arrest. Certified mail with return receipt requested is highly recommended to ensure proof of timely submission.

What to Include in Your Written Request:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your DUI arrest
• The arresting officer's name and agency
• A clear statement requesting an Administrative License Revocation (ALR) hearing.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days of your arrest, your Georgia driver's license (or your privilege to drive in Georgia if you are from out of state) will be automatically suspended. This suspension will begin 30 days after your arrest. There are very limited exceptions to this rule, so do not delay.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to 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, your license will be suspended if the ALR hearing upholds the suspension. The length of the suspension will depend on several factors, including prior DUI convictions.

• BAC over 0.08: The suspension period will vary, but typically it is for at least one year for a first offense.

You likely received a temporary driving permit at the time of your arrest. This permit is typically valid until the ALR hearing or until 30 days after your arrest, whichever comes first. After that, you cannot legally drive if your license is suspended.

If You Refused Testing

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 (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries a significant penalty.

• Refusal Penalty: Refusing a breath, blood, or urine test will result in a longer license suspension than failing the test. In Georgia, this suspension is often for one year, even for a first offense.

Refusal cases can be more challenging to defend at an ALR hearing, but it's still crucial to request the hearing to explore all possible defenses.

The ALR/Administrative Hearing

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

What It Is

The ALR hearing is an administrative hearing, meaning it's separate from the criminal court proceedings for your DUI charges. The purpose of the hearing is to determine whether there was sufficient legal basis for the officer to arrest you for DUI and request that you submit to chemical testing. The burden of proof is lower than in a criminal trial.

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 from anyone who was with you before your arrest.
• Video footage from dashcams or surveillance cameras.
• Medical records that might explain a high BAC reading (if applicable).
• Any documentation related to your arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Newton County can be invaluable. They understand the local courts, the applicable laws, and the best strategies for defending against license suspension. They can also represent you at the ALR hearing, ensuring your rights are protected.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly advised you of your implied consent rights.
• Whether the breath or blood test was administered correctly.
• The accuracy of the testing equipment.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The hearing officer determines that the suspension is warranted. Your license will be suspended for the specified period.
• Suspension Overturned: The hearing officer determines that the suspension is not warranted. 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 that allows you to drive under certain conditions.

Hardship/Restricted License in Georgia

Even with a suspended license, you may be eligible for a limited driving permit, often called a hardship or restricted license, under certain circumstances.

• Eligibility Requirements: Requirements vary based on the reason for suspension and prior driving record. Generally, you must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• What You Can Drive For: The restricted license will typically specify the permitted driving times and locations. It will only allow you to drive for the approved purposes.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process typically involves submitting documentation to the DDS demonstrating your eligibility.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After the suspension period ends, you'll need to take specific steps to reinstate your driver's license.

After Criminal Case Concludes

The outcome of your criminal DUI case can affect your license reinstatement requirements.

• Reinstatement Requirements: 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).
• Pass any required vision or knowledge tests.
• Fees: Reinstatement fees vary. Check the DDS website for current fee schedules.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) or other treatment programs.

Newton DMV Offices

[This section will be populated with the address, phone number, and hours of operation for the local Newton County DDS office when that data becomes available. In the meantime, consult the Georgia DDS website (dds.georgia.gov) for the nearest location.]

Special Programs

• Ignition Interlock Device Program: Georgia requires IIDs for repeat DUI offenders and may require them for first-time offenders seeking a restricted license.
• Occupational License: This type of license allows driving for work purposes, even during a suspension. Eligibility depends on specific circumstances.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Required for license reinstatement after a DUI conviction.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Newton County to discuss your specific situation and protect your rights. Don't delay! The 15-day deadline is critical.