Rabun County License Hearing Guide

Rabun County DUI License Suspension & ALR Hearing

**(A DUI.Guide Resource for Rabun County, Georgia)*A DUI arrest in Rabun County, Georgia, triggers two separate legal processes: a criminal case in court and an administrative license suspension handled by the Georgia Department of Driver Services (DDS). While the criminal case deals with potential jail time, fines, and other penalties, the administrative process determines whether your driver's license will be suspended. Understanding this administrative process and acting quickly is critical to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 30 Days

If you were arrested for DUI in Rabun County, you have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This hearing allows you to challenge the potential suspension of your driver's license.

• Where to Request: You must request the hearing from the Georgia Department of Driver Services (DDS).
• How to Request:
• You may submit your request online or via mail.
• The request must be accompanied by a $150 filing fee.
• What Happens If You Miss the Deadline: If you fail to request a hearing within 30 calendar days, your license will be automatically suspended. There are very limited exceptions to this deadline, so act immediately.

Automatic License Suspension

Even if you plan to fight your DUI charges in criminal court, the DDS can independently suspend your license based on the circumstances of your arrest. The grounds for suspension depend on whether you took a breath or blood test 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 concentration (BAC) was 0.08% or higher, your license will be suspended.

• Suspension Duration: The length of the suspension varies.
• Temporary Permit: The officer might have issued you a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until your suspension officially begins, whichever comes first. It's crucial to understand the expiration date of this temporary permit.

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 carries a longer license suspension than failing the test.

• Suspension Duration: Refusal to submit to testing will result in a 12-month suspension of your driver's license.
• Implied Consent Law: Georgia's implied consent law is codified in GA law §40-5-55. This law states that any person who operates a motor vehicle upon the public highways of Georgia is deemed to have given consent to a chemical test of their blood, breath, or urine for the purpose of determining the presence of alcohol or drugs, if arrested for any offense arising out of acts alleged to have been committed while the person was driving under the influence.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as an Administrative Hearing, is a separate proceeding from your criminal case. It is conducted by the DDS to determine whether your license should be suspended based on the DUI arrest.

What It Is

• Separate from Criminal Court: This is a civil proceeding, not a criminal trial. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides License Suspension: The sole purpose of the hearing is to determine whether the DDS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: The standard 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 suspension is warranted.

How to Prepare

Proper preparation is essential to maximizing your chances of winning your ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Rabun County can represent you at the ALR hearing, cross-examine witnesses, and present legal arguments on your behalf.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• 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.
• Whether the breath or blood test was administered correctly.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The DDS determines that the suspension is warranted, and your license is suspended.
• Suspension Overturned: The DDS determines that there is insufficient evidence to support the suspension, and your license is reinstated.
• 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 under certain conditions.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a limited driving permit or hardship license in Georgia, allowing you to drive for specific purposes.

• Eligibility Requirements: Eligibility typically depends on factors such as your driving record, the reason for the suspension, and whether you have completed certain requirements, such as DUI school.
• What You Can Drive For: A limited driving permit typically allows you to drive to and from work, school, medical appointments, and court-ordered community service.
• Costs and Application Process: The application process involves submitting an application to the DDS, paying a fee, and providing documentation to support your eligibility.
• IID Requirement: In some cases, the DDS may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining a limited driving permit.

Getting Your License Back

Even if your license is suspended, it is possible to get it back eventually. The process for reinstatement depends on whether the suspension was administrative (through the ALR hearing) or the result of a criminal conviction.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case concludes and your suspension period is over, you will need to meet certain requirements to reinstate your license.
• Fees: You will likely have 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 certain period of time.
• Classes/Programs that Must Be Completed: You may be required to complete a DUI Alcohol or Drug Risk Reduction Program (DUI School) before your license can be reinstated.

Rabun County DMV Offices

The Department of Driver Services (DDS) location serving Rabun County is:

• Rabun County Division of Family and Children Services
• Address: 128 Hiawassee St, Clayton, GA 30525
• Phone: (706) 782-4283
• Hours: {'day': 'Monday', 'hours': 'Closed'}; {'day': 'Tuesday', 'hours': '9\u202fAM to 3\u202fPM'}; {'day': 'Wednesday', 'hours': '9\u202fAM to 3\u202fPM'}; {'day': 'Thursday', 'hours': '9\u202fAM to 3\u202fPM'}; {'day': 'Friday', 'hours': '9\u202fAM to 3\u202fPM'}; {'day': 'Saturday', 'hours': 'Closed'}; {'day': 'Sunday', 'hours': 'Closed'}

Special Programs

• Ignition Interlock Device (IID) Program: Georgia law requires the installation of an IID for repeat DUI offenders and for those with a BAC of 0.15 or higher on a first offense. The DDS provides information on approved IID providers and program requirements.

**Disclaimer: *This guide provides general information about DUI license suspensions and ALR hearings in Rabun County, Georgia. It is not intended as legal advice. Consult with a qualified DUI attorney in Rabun County to discuss your specific situation.## Frequently Asked Questions

1. How long do I have to request an ALR hearing after a DUI arrest in Rabun County? You have 30 calendar days from the date of your arrest.
2. Where do I request an ALR hearing? You must request the hearing from the Georgia Department of Driver Services (DDS) and pay the required fee.
3. Can I get a hardship license if my license is suspended after a DUI in Rabun County? Possibly. Eligibility depends on various factors, including your driving record and the circumstances of your case. Contact the DDS or a DUI attorney for more information.