Washington County License Hearing Guide

Washington DUI License Suspension & ALR Hearing

(Important: This guide is for informational purposes only and does not constitute legal advice. Consult with a qualified DUI attorney in Georgia for personalized guidance regarding your specific situation.)

A DUI arrest in Washington, Georgia, can be a frightening experience. Beyond the criminal charges, you're facing a separate administrative process that threatens your driving privileges. It's crucial to understand this process and act quickly to protect your license. This guide provides immediate, practical information about license suspension and the Administrative License Revocation (ALR) hearing in Georgia.

Your License After a DUI Arrest in Washington

A DUI arrest triggers two separate legal processes: a criminal case in court and an administrative action with the Georgia Department of Driver Services (DDS). The criminal case deals with the DUI charge itself. The administrative action, also known as the ALR hearing, focuses solely on whether your driver's license should be suspended. These processes are distinct, meaning you can lose your license administratively even if you are not convicted of DUI in criminal court. This guide focuses on the administrative process.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You only have 30 CALENDAR DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This is a non-negotiable deadline! Missing it will result in an automatic 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 must request the hearing online through the DDS website or by mail.

• Online: Visit the DDS website and navigate to the DUI/ALR Hearing section. Follow the instructions to submit your request electronically.

• Mail: Send a written request for an ALR hearing to the address specified on the DDS website or the notice of suspension you received. Your request MUST include your name, address, date of birth, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is strongly recommended to prove timely submission.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 30 days, your license will be automatically suspended. There are very few exceptions to this rule, so act immediately!

Automatic License Suspension

Your license can be automatically suspended in Georgia following a DUI arrest under two primary circumstances: failing or refusing a chemical test (breath, blood, or urine).

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension varies depending on prior DUI offenses. For a first offense, the suspension is typically for ****.
• Temporary Permit: Upon arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing date or the date your suspension begins, whichever comes first. If you don't request a hearing, the suspension will begin automatically after 30 days.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a chemical test carries a significantly harsher penalty than failing one. A refusal typically results in a longer license suspension. The penalty for refusing a test for a first offense is typically ****.
• Implied Consent Law in Georgia: Georgia, like all states, has an implied consent law. This law states that by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can be used against you in court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. Understanding what it is, how to prepare, and possible outcomes is critical.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate proceeding from your criminal DUI case. It is conducted by the Georgia DDS, not a criminal court judge.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the DDS has sufficient evidence to suspend your license based on the circumstances of your DUI arrest.
• Lower Burden of Proof than Criminal Trial: The DDS only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the suspension is justified. This is a lower standard than "beyond a reasonable doubt," which is required for a criminal conviction.

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 (if any witnesses were present during the arrest).
• Video footage (e.g., dashcam or bodycam footage).
• Medical records (if you have a medical condition that could have affected your BAC reading).
• Consider Hiring a DUI Attorney: A DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the law, can gather evidence effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing procedure, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breathalyzer or blood test was properly administered and calibrated.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can have one of three main outcomes:

• Suspension Upheld: The hearing officer finds that the DDS has presented sufficient evidence to justify the suspension. Your license will be suspended, and you will need to explore options for a hardship license (see below).
• Suspension Overturned: The hearing officer finds that the DDS has not presented sufficient evidence to justify the suspension. Your license will be 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 for limited purposes (see below).

Hardship/Restricted License in Georgia

Even with a suspended license, you may be able to obtain a restricted or hardship license to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements for a hardship license vary depending on the circumstances of your case, including your prior driving record and the reason for the suspension. Generally, you must demonstrate a need to drive for:
• Work
• School
• Medical appointments
• What You Can Drive For: A hardship license typically restricts you to driving only for the purposes listed above. It may also specify the times and routes you are allowed to drive.
• Costs and Application Process: The application process for a hardship license involves submitting an application to the DDS, providing documentation to support your need to drive, and paying a fee.
• IID Requirement: Georgia may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license, particularly if your BAC was high or if you have prior DUI offenses.

Getting Your License Back

After your license suspension period ends (whether from the administrative action or the criminal case), you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the DDS.
• Providing proof of completion of any required DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
• Meeting any other requirements imposed by the court, such as community service or probation.
• Fees: Reinstatement fees vary depending on the reason for the suspension. Contact the DDS for current fee information.
• SR-22 Insurance Requirement: Georgia may require you to obtain SR-22 insurance (proof of financial responsibility) for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: DUI School is typically required for license reinstatement after a DUI conviction.

Washington DMV Offices

[Since Washington is a county with no population, there are no specific DMV offices located within Washington, GA. The nearest DDS locations should be listed here. Replace the bracketed information with actual DDS office information.]

• Georgia Department of Driver Services - [Nearest City] Customer Service Center: , [Phone Number], [Hours of Operation]
• Georgia Department of Driver Services - [Nearest City] Customer Service Center: , [Phone Number], [Hours of Operation]

(Please check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on DDS locations and hours of operation.)

Special Programs

• Ignition Interlock Device Program: The Ignition Interlock Device (IID) program allows individuals with suspended licenses to drive with a device that prevents the vehicle from starting if alcohol is detected on their breath.
• Occupational License: An occupational license may be available in certain circumstances to allow individuals to drive for work purposes even with a suspended license.
• [Any other state-specific programs related to DUI/license suspension in Georgia]

Disclaimer: This guide provides general information about Georgia DUI license suspension and ALR hearings. It is not a substitute for legal advice from a qualified attorney. If you have been arrested for DUI in Washington, Georgia, contact a DUI attorney immediately to protect your rights.