Coweta County License Hearing Guide

Coweta DUI License Suspension & ALR Hearing: Save Your License!

Being arrested for DUI in Coweta County, Georgia, is a stressful and confusing experience. Beyond the criminal charges, you're also facing an administrative process that can lead to the suspension of your driver's license. This guide will walk you through the critical steps you need to take to protect your driving privileges and understand the ALR (Administrative License Revocation) hearing process.

It's crucial to understand that the criminal case and the administrative license suspension are separate legal matters. Even if your criminal case is dismissed or you're found not guilty, your license can still be suspended through the ALR process. That's why taking immediate action is vital.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

The most important thing you need to do immediately after a DUI arrest in Coweta County is to request an Administrative License Revocation (ALR) hearing. You only have 15 days from the date of your arrest to do this! Missing this deadline means your license will automatically be 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 mail, or in person.

• Online: Visit the Georgia DDS website (dds.georgia.gov - check the official DDS website for the most up-to-date instructions). Look for the section related to DUI and ALR hearings. You'll likely need your driver's license number and the date of your arrest.

• By Mail: Send a written request to the address specified on your DDS form or the officer's paperwork. The request must clearly state that you are requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Coweta County. Include your full name, date of birth, driver's license number, and mailing address. It's recommended to send it via certified mail with return receipt requested to ensure proof of delivery.

• In Person: Visit a DDS office in Georgia. Call ahead to ensure they handle ALR hearing requests at that location.

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. The length of the suspension depends on whether you took a breath or blood test and whether you refused to take one. There are very limited exceptions to this deadline, so act quickly.

Automatic License Suspension

The Georgia DDS will automatically attempt to suspend your license based on the circumstances of your arrest. Here's what you need to know:

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension for a first offense typically varies, but expect a suspension period.

• Temporary Permit: The officer may have issued you a temporary driving permit at the time of your arrest. This permit is generally valid until your ALR hearing date or the date the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a much harsher penalty in Georgia. The suspension period for refusing a test is typically longer than for failing one.

• 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 consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing can result in a license suspension even if you are not convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the Georgia DDS has sufficient grounds to suspend your driver's license. It's a civil hearing, not a criminal trial.

The burden 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 (meaning more likely than not) that the suspension is warranted.

How to Prepare

Preparing for your ALR hearing is crucial. Here's how to increase your chances of a favorable outcome:

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements (if anyone was with you)

• Video footage (if available from dashcams or businesses)

• Medical records (if you have a condition that could affect your BAC)

• Any documentation that contradicts the officer's report

• Consider Hiring a Coweta DUI Attorney: A DUI attorney experienced in Coweta County can be invaluable. They understand the local court system, ALR hearing procedures, and can effectively represent you at the hearing. They can also help you gather evidence and prepare your defense.

• Understand What You Can Challenge: You can challenge several aspects of the state's case, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether the breath/blood test was administered properly.

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

• The accuracy and reliability of the breath/blood testing equipment.

Possible Outcomes

The ALR hearing officer will review the evidence and make a decision. Possible outcomes include:

• Suspension Upheld: The hearing officer agrees with the DDS and your license suspension remains in effect.

• Suspension Overturned: The hearing officer finds that the DDS did not meet its burden of proof, and your license suspension is rescinded (canceled).

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a restricted or hardship license in Georgia, allowing you to drive under specific circumstances.

• Eligibility Requirements: Requirements vary but generally include:

• Having no prior DUI convictions within a certain timeframe (usually 5 or 10 years).

• Completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).

• What You Can Drive For: A restricted license typically allows you to drive:

• To and from work.

• To and from school or educational programs.

• To and from medical appointments.

• To and from court-ordered programs.

• Costs and Application Process: The application process involves filing paperwork with the DDS and paying a fee.

• IID Requirement: In some cases, a judge may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of receiving a restricted license. An IID requires you to blow into the device before starting your car to ensure you haven't been drinking.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

Whether you are convicted or not, you will have to deal with the DDS to get your license back.

• Reinstatement Requirements: Requirements typically include:

• Paying a reinstatement fee to the DDS.

• Providing proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).

• Meeting any other requirements imposed by the court or the DDS.

• Fees: Reinstatement fees vary and are subject to change. Check the DDS website for the current fee schedule.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance. You may need to maintain SR-22 insurance for a certain period, typically 3 years.

• Classes/Programs That Must Be Completed: Completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required for license reinstatement after a DUI conviction or suspension.

Coweta DMV Offices

Double check the hours of operation before visiting, as they are subject to change.

Unfortunately, specific addresses and hours for Coweta County DMV offices are not available at this time. Please check the Georgia Department of Driver Services (DDS) website at dds.georgia.gov for the most up-to-date information on locations and hours. You can also search online using Google Maps or a similar service.

Special Programs

• Ignition Interlock Device Program: As mentioned above, Georgia has an Ignition Interlock Device (IID) program that may be required for restricted licenses or as a condition of probation.

• Occupational License: This may be an option to drive for work purposes.

• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Required for license reinstatement after a DUI.

Being arrested for DUI in Coweta County is a serious matter. Understanding your rights and taking immediate action, especially regarding the 15-day ALR hearing deadline, is crucial to protecting your driving privileges. Consulting with an experienced Coweta DUI attorney is highly recommended to navigate this complex process and ensure the best possible outcome.