Walton County License Hearing Guide

Walton DUI License Suspension & ALR Hearing

A DUI arrest in Walton, Georgia can have serious consequences, and one of the most immediate concerns is the potential suspension of your driver's license. It's crucial to understand that there are two separate processes at play: the criminal case in court and the administrative license suspension process. This guide focuses on the administrative process and how to potentially save your license after a DUI arrest in Walton County.

Your License After a DUI Arrest in Walton

When you are arrested for DUI in Walton County, the arresting officer will likely confiscate your driver's license. This triggers two separate legal proceedings. The first is the criminal case, which will be handled in Walton County court, and deals with the DUI charge itself. The second is an administrative process handled by the Georgia Department of Driver Services (DDS), focused solely on your driving privileges. This process is called an Administrative License Revocation (ALR) action, and it can result in your license being suspended regardless of the outcome of your criminal case. Even if you are found not guilty of DUI in court, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information you need to know right now. You have only 15 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This hearing is your opportunity to challenge the suspension of your 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 from the Georgia Department of Driver Services (DDS).

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

• Online: Visit the DDS website. Look for the section related to DUI and license suspensions. You will likely need your driver's license number and other information from your arrest paperwork.

• Phone: Contact the DDS at their designated customer service number. Be prepared to provide information about your arrest. Confirm that you are requesting an ALS hearing related to your DUI arrest.

• Mail: Send a written request to the DDS. The address should be available on the DDS website or on the paperwork you received at the time of your arrest. Important: Send it via certified mail with return receipt requested so you have proof that your request was received within the 15-day deadline.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule. Do not delay!

Automatic License Suspension

Even if you request a hearing, there are circumstances that trigger an automatic license suspension pending the outcome of that hearing.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended if the ALR hearing is not successful. The suspension period for a first offense is typically .
• Temporary Permit Valid Until Hearing or Suspension Begins: The officer likely gave you a temporary driving permit at the time of your arrest. This permit is usually valid for a limited time, often 30 days, or until the date of your ALR hearing, whichever comes first. If your ALR hearing is unsuccessful, your license suspension will begin immediately following the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a much harsher penalty than failing the test in Georgia. The suspension period for refusing to submit to testing is typically .
• Implied Consent Law in Georgia: 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 if lawfully arrested for DUI. Refusal to submit to testing results in a longer license suspension.

The ALR/Administrative Hearing

Understanding the ALR hearing process is crucial to protecting your driving privileges.

What It Is

• Separate from Criminal Court: This is a civil proceeding, completely separate from the criminal case against you. The outcome of the criminal case does not automatically determine the outcome of the ALR hearing.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the arresting officer had probable cause to arrest you for DUI and whether the proper procedures were followed in administering any chemical tests.
• 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," meaning it is more likely than not that the suspension is warranted. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): Begin gathering any evidence that supports your case. This may include witness statements, video footage from the arrest (if available), or any other documentation that could challenge the officer's probable cause or the accuracy of the chemical testing.

• Consider Hiring a DUI Attorney: An experienced Walton County DUI attorney can navigate the complexities of the ALR hearing process, gather evidence, and represent you at the hearing. They can also help you understand your rights and options.

• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the arrest, including:

• Whether the officer had probable cause to stop and arrest you.

• Whether the officer properly administered the breath, blood, or urine test.

• Whether you were properly informed of your implied consent rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the officer had probable cause and followed the proper procedures, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the officer lacked probable cause or failed to follow proper procedures, your license suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a limited driving permit (also known as a hardship license) that allows you to drive for specific purposes.

• Eligibility Requirements: Eligibility requirements vary, but generally, you must demonstrate a need to drive for work, school, medical appointments, or court-ordered obligations. You must also complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
• What You Can Drive For (Work, School, Medical): A limited driving permit typically restricts you to driving to and from work, school, medical appointments, alcohol/drug treatment programs, and court-ordered community service.
• Costs and Application Process: The cost of a limited driving permit varies. You will need to apply through the DDS and provide documentation to support your need for the permit.
• IID Requirement: In some cases, particularly for repeat offenders or those with high BAC levels, the DDS may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a limited driving permit.

Getting Your License Back

Understanding the reinstatement process is essential once the suspension period is over or your criminal case concludes.

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a suspension as part of the criminal case.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:
• Fees: Pay a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: Obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: Complete any required DUI Alcohol or Drug Use Risk Reduction Program (DUI School) or other court-ordered programs.

Walton DMV Offices

Unfortunately, there are no full-service DDS (Department of Driver Services) offices located directly within Walton County. You will likely need to visit a nearby county for in-person services. Check the DDS website (dds.georgia.gov) for the most up-to-date information on office locations and hours. Nearby DDS locations include:

• [Check DDS website for closest location, and insert details here. Include address and phone number, and typical operating hours. Example: Rockdale County DDS, 935 Conyers Road, Conyers, GA 30012, (678) 413-8400, Mon-Fri 8:00 AM - 5:00 PM]
• [Check DDS website for closest location, and insert details here. Include address and phone number, and typical operating hours. Example: Barrow County DDS, 226 W Broad St, Winder, GA 30680, (770) 867-2714, Mon-Fri 8:00 AM - 5:00 PM]

Special Programs

• Ignition Interlock Device Program: Georgia has an IID program that allows drivers with suspended licenses to regain driving privileges by installing an IID in their vehicle.
• Occupational License: Occupational licenses are essentially the same as limited driving permits.
• [Research and include any other state-specific programs relevant to DUI offenders in Georgia.]

Disclaimer: This information is intended for informational purposes only and should not be considered legal advice. It is essential to consult with an experienced Walton County DUI attorney to discuss your specific situation and legal options. The laws surrounding DUI and license suspension are complex and subject to change. The information provided here may not be entirely up-to-date.