Sumter County License Hearing Guide

Sumter DUI License Suspension & ALR Hearing

A DUI arrest in Sumter County, Georgia, can trigger two separate legal processes: a criminal case handled by the courts and an administrative action concerning your driver's license. While your criminal case deals with potential fines, jail time, and other penalties, the administrative process focuses solely on whether your driving privileges will be suspended. This guide focuses on the administrative side, specifically the license suspension and the crucial Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is essential to potentially saving your license.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You have only 30 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is an absolutely critical deadline. Missing it will result in an automatic suspension of your driver's license. No exceptions are typically made.

Where to Request:

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

How to Request:

In Georgia, you can request an ALR hearing online or by mail.

• Online: Visit the Georgia DDS website (dds.georgia.gov) and navigate to the "ALR Hearing Request" section. Be prepared to provide your driver's license number, date of birth, and details of your arrest.
• Mail: Send a written request to the Georgia Department of Driver Services. Ensure your request includes the following information:
• Your full name
• Your date of birth
• Your driver's license number
• The date of your DUI arrest
• The arresting officer's name and agency
• A clear statement requesting an Administrative License Revocation (ALR) hearing

Mail your request to:

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

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 30 days, your driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath or blood test and the results, or if you refused testing altogether (discussed below).

Automatic License Suspension

An immediate license suspension is triggered following a DUI arrest in Georgia under specific circumstances.

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.

• BAC over 0.08: The length of the suspension will vary depending on whether this is your first DUI offense. It's crucial to consult with a DUI attorney to understand the specific suspension period you face.
• Temporary Permit: The arresting officer should have issued you a temporary driving permit. This permit is typically valid for 45 days or until the ALR hearing is held, whichever comes first. After that, if you haven't requested a hearing or if the hearing doesn't go your way, the suspension begins.

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 significant penalties.

• Refusal Penalty: Refusing to take a breath, blood, or urine test results in a license suspension of one year for a first offense. This suspension is typically longer than the suspension for failing the test.
• Implied Consent Law in Georgia: The arresting officer is required to read you the implied consent warning, informing you of the consequences of refusing to submit to testing.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It is conducted by the Georgia Department of Driver Services (DDS) and focuses solely on whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice-versa.
• Decides if License Suspension is Warranted: The hearing officer will determine if there was probable cause for the DUI arrest and if your BAC was over the legal limit (if you took the test), or if you unlawfully 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 "preponderance of the evidence" (more likely than not) that the suspension is warranted, rather than "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), medical records, and any documentation related to your arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Sumter County ALR hearings can be invaluable. They can help you understand your rights, gather evidence, prepare your case, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Lack of probable cause for the traffic stop.
• Improper administration of the breathalyzer test.
• Failure to properly advise you of your Miranda rights.
• Errors in the police report.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds insufficient evidence to support the license 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 (see below).

Hardship/Restricted License in Georgia

Even if your license is suspended, you might be eligible for a limited driving permit, often called a hardship or restricted license, in Georgia.

• Eligibility Requirements: Eligibility depends on the specific circumstances of your case, including whether you refused testing, your prior driving record, and the reason for the suspension. Generally, you must show that the suspension creates a significant hardship, such as preventing you from getting to work, school, or medical appointments.
• What You Can Drive For: A restricted license typically limits driving to essential purposes, such as:
• Traveling to and from work.
• Attending school.
• Seeking medical treatment.
• Attending court-ordered DUI classes.
• Costs and Application Process: You'll need to apply for a restricted license through the Georgia DDS. There are application fees involved. You will need to provide documentation supporting your need for the license.
• IID Requirement: Depending on the circumstances of your DUI, an Ignition Interlock Device (IID) may be required as a condition of obtaining a restricted license. An IID is a device installed in your vehicle that requires you to blow into it to test your BAC before you can start the engine.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

The outcome of your criminal case can also impact your license reinstatement.

• Reinstatement Requirements: Reinstatement requirements 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 depending on the length and type of suspension.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DDS to prove that you have the minimum required liability insurance coverage. You may be required to maintain SR-22 insurance for a period of several years.
• Classes/Programs That Must Be Completed: As mentioned above, completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required for license reinstatement after a DUI conviction.

Sumter DMV Offices

Unfortunately, Sumter County itself does not have a full-service DDS office. You may need to travel to a neighboring county. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on nearby locations, addresses, hours of operation, and services offered. You may also be able to handle many license-related tasks online.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected.
• Occupational License: Similar to a hardship license, an occupational license allows you to drive for work-related purposes, even if your license is suspended. The requirements and availability vary depending on the circumstances of your case.

Disclaimer: This information is for general guidance only and not legal advice. DUI laws are complex and subject to change. It is essential to consult with a qualified DUI attorney in Sumter County, Georgia, to discuss your specific situation and understand your legal rights and options. Remember, the 30-day deadline to request an ALR hearing is crucial, so act quickly!