Rabun County License Hearing Guide

Rabun DUI License Suspension & ALR Hearing

A DUI arrest in Rabun County, Georgia, can trigger two separate legal processes: a criminal case in court and an administrative license suspension handled by the Department of Driver Services (DDS). While the criminal case determines your guilt or innocence and potential penalties like fines and jail time, the administrative process focuses solely on your driving privileges. This guide focuses on the administrative side – specifically, how to fight to keep your license after a DUI arrest in Rabun County. Understanding the process and acting quickly is crucial.

CRITICAL DEADLINE: Request Hearing Within 30 Days

This is the most important thing you need to know: You have only 30 days from the date of your DUI arrest to request an Administrative License Suspension (ALS) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. If you fail to request a hearing within this timeframe, your license will be automatically suspended.

Where to Request:

You must request the hearing through the Georgia Department of Driver Services (DDS).

How to Request:

• Online: The fastest and recommended method is through the DDS Online Services portal on their website. You'll need your driver's license information and case details.
• Mail: You can mail a written request for an ALR hearing to the DDS address. Important: Ensure your request is postmarked within 30 days of your arrest. Certified mail with return receipt is highly recommended. The address is:

Georgia Department of Driver Services ALR Section P.O. Box 80447 Conyers, GA 30013

• Phone: While not the preferred method, you may be able to initiate the process by calling the DDS customer service line. However, following up with a written or online request is highly advisable to ensure your request is properly documented.

What Happens If You Miss the Deadline:

If you miss the 30-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule. Missing the deadline significantly reduces your chances of maintaining your driving privileges. Don't delay! Contact a DUI attorney immediately to help you with this process.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The reason for the suspension depends on whether you took a breath or blood test and the results.

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 for 12 months.
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is typically valid for 45 days or until the date of your ALR hearing, whichever comes first. Once the suspension goes into effect, you cannot legally drive.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty in Georgia. If you refused testing, your license will be suspended for 12 months, with no limited driving permit available for the first 120 days. This is a "hard suspension."
• Implied Consent Law in Georgia: Georgia's implied consent law states that by driving on Georgia roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal can result in the penalties described above, regardless of the outcome of your criminal DUI case.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. Understanding the process and preparing effectively can significantly improve your chances of a favorable outcome.

What It Is

• Separate from Criminal Court: It's important to understand that the ALR hearing is completely separate from your criminal DUI case. The administrative hearing is held before an administrative law judge (ALJ) and focuses solely on whether the DDS had sufficient legal grounds to suspend your license.
• Decides If License Suspension Is Warranted: The ALJ will determine if the arresting officer had reasonable grounds to believe you were driving under the influence, whether you were properly advised of your implied consent rights, and whether the BAC test was administered correctly (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 show "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas a criminal conviction requires proof "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (e.g., passengers, bartenders)
• Video footage (e.g., dashcam, security camera)
• Medical records (if relevant)
• Documentation of any medications you were taking
• Consider Hiring a DUI Attorney: A qualified DUI attorney experienced with ALR hearings in Georgia can be invaluable. They can:
• Represent you at the hearing
• Cross-examine witnesses
• Present evidence on your behalf
• Argue legal points
• Navigate the complex legal procedures
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including:
• Whether the officer had reasonable suspicion to stop you
• Whether the officer had probable cause to arrest you for DUI
• Whether you were properly advised of your implied consent rights
• The accuracy of the BAC test results
• Whether you actually refused testing

Possible Outcomes

• Suspension Upheld: If the ALJ finds that the DDS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the ALJ finds that the DDS has not met its burden of proof, your license 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 or restricted license) allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a hardship license, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility varies depending on whether your suspension was due to a BAC over 0.08 or a refusal to test. Generally, you must demonstrate a need to drive for essential purposes like work, school, or medical appointments.
• What You Can Drive For: A hardship license typically restricts you to driving to and from work, school, medical appointments, substance abuse counseling, and court-ordered obligations.
• Costs and Application Process: The application process involves completing a form and submitting it to the DDS. There are fees associated with obtaining a hardship license. Contact the DDS for specific requirements and costs.
• IID Requirement: Depending on the circumstances of your DUI and any prior offenses, 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 driver's license after a DUI suspension involves several steps, both after the ALR suspension period and after your criminal case concludes.

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over and your criminal case is resolved, you will need to meet certain requirements to reinstate your license. These typically include:
• Paying a reinstatement fee to the DDS.
• Providing proof of completion of any court-ordered DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Providing proof of SR-22 insurance (see below).
• Fees: Reinstatement fees vary. Check with the DDS for the current fee schedule.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility required by the state. This indicates that you have the minimum required liability insurance coverage. You will need to maintain SR-22 insurance for a specific period, typically three years.
• Classes/Programs That Must Be Completed: As mentioned above, completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is typically required for reinstatement. The specific program and length will depend on the details of your case and the court's orders.

Rabun DMV Offices

Unfortunately, there are no dedicated DDS offices located directly within Rabun County. The closest DDS locations are in neighboring counties. Please confirm hours of operation before visiting.

• Habersham County Customer Service Center 555 Monroe Street, Suite 101 Clarkesville, GA 30523

• White County Customer Service Center 1245 Helen Hwy, Suite 101 Cleveland, GA 30528

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program may be required for obtaining a hardship license or for full license reinstatement, especially for repeat offenders.
• Occupational License: This is another term for a limited driving permit, allowing driving for work purposes.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Required for license reinstatement after a DUI conviction.

A DUI arrest in Rabun County can have serious consequences for your driving privileges. Understanding the ALR process, acting quickly to request a hearing, and seeking legal guidance from a qualified DUI attorney are crucial steps in protecting your license and your future. Don't wait – your 30-day deadline is ticking!