Paulding County License Hearing Guide

Paulding County DUI License Suspension & ALR Hearing

A DUI arrest in Paulding County triggers two separate legal processes: a criminal case in Paulding County State Court, and an administrative action against your driver's license by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative process, specifically the potential suspension of your driver's license and how to challenge it. This is a time-sensitive matter, so immediate action is crucial.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in Paulding County, you have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing with the Office of State Administrative Hearings (OSAH).

Where to Request: The hearing request must be filed with OSAH, not the Paulding County court.

How to Request: While the research document states a $150 fee and the need to elect to formally challenge the administrative license suspension via the Office of State Administrative Hearings (OSAH), it does not specify the method for making this request.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 30-day deadline, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so acting quickly is imperative.

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, your license will be automatically suspended if you don't take action regarding the administrative suspension. The length of the suspension depends on whether you took a breath or blood test and whether you refused to take one.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the results showed a blood alcohol content (BAC) of 0.08 or higher, your license will be suspended. The exact duration of the suspension will depend on your prior record and other factors.

Upon your arrest, the officer should have provided you with a temporary driving permit. This permit is typically valid until your ALR hearing or until the date the suspension is scheduled to begin.

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 a test.

Refusing the test will result in a license suspension.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is held before an administrative law judge (ALJ) at the Office of State Administrative Hearings (OSAH) and focuses solely on whether the Georgia Department of Driver Services (DDS) is justified in suspending your driver's license.

What It Is

The ALR hearing is a civil proceeding with a lower burden of proof than a criminal trial. The DDS must prove by a preponderance of the evidence (meaning more likely than not) that the suspension is warranted.

How to Prepare

Preparing for an ALR hearing involves gathering evidence and understanding the legal issues.

• Gather Evidence: This may include witness statements, videos, photographs, and any other evidence that supports your case.
• Understand What You Can Challenge: You can challenge various aspects of the DUI stop and arrest, including whether the officer had reasonable suspicion to stop you, whether the officer properly administered field sobriety tests, and whether the breath or blood test was conducted correctly.

Possible Outcomes

The ALJ will make a decision based on the evidence presented at the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the DDS has proven its case, and your license suspension will remain in effect.
• Suspension Overturned: The ALJ finds that the DDS has not proven its case, and your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, the ALJ may grant a limited driving permit, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia law allows for the possibility of obtaining a limited driving permit, often called a hardship or restricted license, under certain circumstances. Eligibility and restrictions vary based on the specific circumstances of your DUI arrest and prior record.

• Eligibility Requirements: Generally, you must demonstrate a need to drive for work, school, medical care, or attending court-ordered treatment programs.
• What You Can Drive For: A restricted license will specify the permissible purposes for driving, such as commuting to and from work, attending classes, or going to medical appointments.
• Costs and Application Process: Applying for a restricted license involves submitting an application to the DDS and paying a fee.
• IID Requirement: Depending on the circumstances, 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

Reinstating your driver's license after a DUI suspension involves meeting specific requirements set by the Georgia DDS. These requirements vary depending on the length and type of suspension.

After Criminal Case Concludes

Even if you win your criminal case, you must still address the administrative license suspension.

• Reinstatement Requirements: Typically, you will need to pay a reinstatement fee to the DDS.
• Fees: The reinstatement fee amount varies.
• 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: You may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) and/or other court-ordered programs.

Paulding County DMV Offices

The Georgia Department of Driver Services (DDS) has a local office where you can handle some license-related matters:

• DDS Dallas Customer Service Center 208 West Memorial Drive Dallas, GA 30132 Hours: Not specified in research data.

Special Programs

The research data does not provide information regarding special programs in Paulding County.

Frequently Asked Questions

1What is the standard bail amount for a first-offense DUI in Paulding County?

The research suggests a standard first-offense DUI bail is around $3,121.00, but this can vary depending on the specific circumstances of your case.

2Where will my car be impounded after a DUI arrest in Paulding County?

According to the research, the primary impound lot is American Wrecker, located at 1889 Poplar Springs Rd, Hiram, GA 30141. Their release line is (770) 505-2357. However, the Paulding County Sheriff's Office Records Division at (770) 443-3010 can definitively determine which lot holds your vehicle.

3What should I do if I can't get my car out of impound before the weekend in Paulding County?

American Wrecker is closed on weekends, so if your car is impounded late on a Friday, it will likely remain there until Monday. This will result in additional storage fees. Plan accordingly and try to arrange release as early as possible during the week.