Polk County License Hearing Guide

Polk DUI License Suspension & ALR Hearing

A DUI arrest in Polk County, Georgia can trigger two separate legal processes: a criminal case in the Polk County court system and an administrative license suspension handled by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative side, specifically how to fight for your driving privileges after a DUI arrest. Time is of the essence! Your ability to drive hangs in the balance.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Polk County, you have a very limited window to protect your driver's license. You MUST request an Administrative License Suspension (ALS) hearing within 15 days of your arrest. This hearing is your opportunity to challenge the suspension of your license before it automatically goes into effect.

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

How to Request: You can request the hearing online, by phone, or by mail.

• Online: The fastest and most reliable method is typically through the DDS website. Look for a section specifically related to DUI or Administrative License Suspension hearings. You will likely need your driver's license number and information from your DUI arrest paperwork.
• Phone: You can contact the DDS customer service line. Be prepared to provide identifying information and clearly state that you are requesting an ALS hearing related to your recent DUI arrest in Polk County. Get the name of the person you speak with and a confirmation number for your request.
• Mail: While not recommended due to the tight deadline, you can send a written request to the DDS. This request must be received within 15 days. Include your full name, date of birth, driver's license number, date of arrest, arresting agency (Polk County Police Department or Georgia State Patrol), and a clear statement that you are requesting an Administrative License Suspension hearing. Send it certified mail with return receipt requested to prove timely submission.

Address (If Mailing): You will need to find the most current address for the DDS Hearings Section on their official website. Do not rely on old addresses you find online.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your Georgia driver's license will be automatically suspended. This suspension will remain in effect for a significant period, depending on whether you refused testing or took a test and failed. Don't let this happen! Act immediately.

Automatic License Suspension

The Georgia DDS can suspend your license automatically under two primary circumstances related to a DUI 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. The length of the suspension depends on prior DUI convictions.

• First Offense: Typically, a first offense results in a suspension period. The length of the suspension can vary, so it's essential to understand the specific details of your case and consult with an attorney.
• Temporary Permit: You should have been issued a temporary driving permit at the time of your arrest. This permit is usually valid for 45 days or until the date of your scheduled ALR hearing (if requested) or the start date of your suspension (if you didn't request a hearing).

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. If you refuse to take a breath, blood, or urine test after being asked to do so by a law enforcement officer, your license will be suspended for a longer period than if you had taken the test and failed.

• Refusal Penalty: Refusing to submit to testing carries a heavier penalty. The license suspension for refusing testing is typically a year or more, even for a first offense.
• Implied Consent Law in Georgia: Understand that your refusal can be used against you in court, both in the administrative hearing and the criminal case.

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 the Georgia DDS and focuses solely on whether your driving privileges should be suspended based on the circumstances of your arrest.

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

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, dashcam footage (if available), medical records, or any other information that challenges the officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Polk County can be invaluable. They understand the ALR hearing process, know the local judges and prosecutors, and can effectively present your case. They can also help you gather evidence and prepare for questioning.
• Understand What You Can Challenge: You can challenge several aspects of the case, including the legality of the traffic stop, the administration of the breath or blood test, and the officer's observations of your behavior.

Possible Outcomes

• Suspension Upheld: If the DDS finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If you successfully challenge the evidence or demonstrate that the requirements for suspension were not met, your license suspension will be overturned, and your driving privileges will be restored.
• 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 specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

Georgia offers hardship or restricted licenses to individuals whose licenses have been suspended for DUI. The requirements and restrictions vary depending on the circumstances of your case.

• Eligibility Requirements: Eligibility typically depends on factors such as your prior driving record, the severity of the offense, and whether you complete certain requirements, such as DUI school.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes, such as commuting to work, attending school, seeking medical treatment, or attending court-ordered programs.
• Costs and Application Process: Applying for a restricted license involves paying fees and submitting an application to the DDS. The application process may require providing documentation to support your need for a restricted license.
• IID Requirement: An Ignition Interlock Device (IID) may be required as a condition of obtaining a restricted license, particularly for repeat offenders or those with high BAC levels.

Getting Your License Back

After Criminal Case Concludes

Regardless of the outcome of your ALR hearing, you will also need to address your criminal DUI case in Polk County. The outcome of this case can further impact your driving privileges.

• Reinstatement Requirements: Once your suspension period is over (whether from the ALR hearing or a criminal conviction), you will need to meet certain reinstatement requirements to get your license back.
• Fees: You will likely need to pay a 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, for a specified period.
• Classes/Programs That Must Be Completed: You may be required to complete DUI school, substance abuse counseling, or other court-ordered programs before your license can be reinstated.

Polk DDS Offices

[Important: This information changes frequently. Always verify the most up-to-date information on the official Georgia DDS website.]

• (Insert Local DDS Office Here - Research Required): Address, Phone Number, Hours of Operation

• (Insert Another Local DDS Office Here - Research Required): Address, Phone Number, Hours of Operation

Special Programs

• Ignition Interlock Device (IID) Program: Georgia has an IID program that allows individuals to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes even during a suspension period.

This guide provides general information about DUI license suspensions and ALR hearings in Polk County, Georgia. It is not a substitute for legal advice. If you have been arrested for DUI, it is crucial to consult with a qualified DUI attorney as soon as possible to protect your rights and driving privileges. Remember, the 15-day deadline to request an ALR hearing is critical. Don't delay!