Barrow County License Hearing Guide

Barrow DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

If you've just been arrested for DUI in Barrow, Georgia, you're likely feeling overwhelmed. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in the Barrow County courts and an administrative process handled by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative side – specifically, how to protect your driver's license following a DUI arrest in Barrow. Time is of the essence! This process moves quickly, and missing deadlines can result in an automatic license suspension.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following your DUI arrest in Barrow, you have only 15 DAYS to request an Administrative License Suspension (ALS) hearing, also known as an ALR (Administrative License Revocation) hearing. This is a hard deadline. Failing to request a hearing within this timeframe will result in an automatic suspension of your driver's license.

Where to Request: You must request this hearing through the Georgia Department of Driver Services (DDS).

How to Request:

• Online: Visit the DDS website (dds.georgia.gov) and navigate to the ALR hearing request section. You will likely need your driver's license number and information from your arrest report.
• Phone: Contact the DDS customer service line. Be prepared for potential wait times. It's best to document the date and time of your call, and the name of the representative you spoke with.
• Mail: While less common, you may be able to request a hearing by mail. Check the DDS website for the correct address and required documentation. However, mailing is risky due to the strict 15-day deadline. Online or phone are strongly recommended.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your Georgia driver's license will be automatically suspended. This suspension will begin [suspension period - to be determined based on Georgia law] after your arrest, regardless of the outcome of your criminal case.

Automatic License Suspension

The DDS will automatically suspend your license under certain circumstances, even before your criminal DUI case is resolved.

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, the DDS will suspend your license.

• BAC over 0.08: Your license will be suspended for [suspension period - to be determined based on Georgia law] if this is your first DUI offense.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the date the suspension begins if you didn't request a hearing or the suspension was upheld.

If You Refused Testing

Refusing to take a breath, blood, or urine test after being arrested for DUI in Georgia carries significant penalties.

• Refusal Penalty: Refusing the test results in a longer license suspension than failing the test. The suspension period for refusing a test is typically [longer suspension in most states - to be determined based on Georgia law].
• 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 comply with this law results in the automatic license suspension described above.

The ALR/Administrative Hearing

Understanding the ALR hearing process is vital to potentially saving your driving privileges.

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It's an administrative hearing conducted by the DDS to determine whether your license should be suspended for violating Georgia's DUI laws.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence and determine if there was probable cause for your arrest and whether you were driving under the influence.
• Lower Burden of Proof Than Criminal Trial: The DDS only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that you violated the law. This is a lower standard than the "beyond a reasonable doubt" standard required for a conviction in criminal court.

How to Prepare

Proper preparation is crucial to increasing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), photos, or any other documentation that challenges the basis of your arrest.
• Consider Hiring a DUI Attorney: A qualified Barrow DUI attorney can guide you through the ALR hearing process, represent you at the hearing, and present your case effectively. An attorney understands the nuances of Georgia DUI law and can identify potential weaknesses in the state's case against you.
• Understand What You Can Challenge: You can challenge various aspects of your arrest and the evidence against you at the ALR hearing, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether there was probable cause to arrest you for DUI.
• The accuracy of the breathalyzer or blood test results.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The hearing officer finds that the DDS has proven its case, and your license suspension will remain in effect.
• Suspension Overturned: The hearing officer finds that the DDS has not proven its case, and your license will be reinstated.
• Restricted/Hardship License Granted: In some circumstances, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Georgia

Even with a suspended license, you might be eligible for a limited driving permit.

• Eligibility Requirements: [Detail specific Georgia eligibility requirements for a hardship license after a DUI. Include waiting periods, if any.]
• What You Can Drive For: Generally, a hardship license allows you to drive for essential purposes such as work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: [Explain the cost of a hardship license and the application process in Georgia. Include links to relevant forms on the DDS website.]
• IID Requirement: [Specify if an Ignition Interlock Device (IID) is required for a hardship license in Georgia, especially after a first DUI offense.]

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: [List the specific steps required to reinstate a license in Georgia after a DUI suspension. This may include completing DUI school, paying reinstatement fees, and installing an IID (if required).]
• Fees: [Provide the current reinstatement fee amount for Georgia.]
• SR-22 Insurance Requirement: [Explain the SR-22 insurance requirement in Georgia, if applicable, and how long it must be maintained.]
• Classes/Programs That Must Be Completed: [List any mandatory DUI classes, alcohol awareness programs, or community service requirements in Georgia.]

Barrow DMV Offices

Special Programs

• Ignition Interlock Device Program: [Provide details about Georgia's IID program, including eligibility requirements, approved vendors, and costs.]
• Occupational License: [If available, explain the process for obtaining an occupational license in Georgia, which allows driving for work purposes even with a suspended license.]
• [Any other state-specific programs relevant to DUI offenders in Georgia]

Disclaimer: This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Barrow, Georgia, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and driving privileges.