Decatur County License Hearing Guide

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

Losing your driver's license after a DUI arrest in Decatur, Georgia, can be devastating. It affects your ability to get to work, take care of your family, and live your life. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in the Decatur County court system and an administrative license suspension handled by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative process and what you need to do immediately to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Decatur, you have an extremely limited window to request an Administrative License Revocation (ALR) hearing. You only have 15 days from the date of your arrest to request this hearing. This deadline is non-negotiable, and missing it will result in the automatic suspension of your driver's license.

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

How to Request: You can typically request the hearing through one of these methods:

• Online: Visit the Georgia DDS website (dds.georgia.gov). Look for the section related to DUI and ALR hearings. Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Phone: Call the Georgia DDS customer service line. The number can usually be found on their website. Inquire about requesting an ALR hearing and follow their instructions. Be prepared to provide the same information as above. Important: Keep a record of the date, time, and name of the person you spoke with when requesting the hearing.
• Mail: While less common, you may be able to mail a written request. Check the DDS website for the correct address and required information to include in your letter. Important: Send your request via certified mail with return receipt requested to ensure proof of delivery.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule. Don't delay! Contacting a DUI attorney immediately after your arrest is highly recommended to ensure this deadline is met.

Automatic License Suspension

The Georgia DDS will automatically suspend your license under certain circumstances after a DUI arrest.

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 and other factors. Expect a suspension of at least several months.
• Temporary Permit: The arresting officer may have issued you a temporary driving permit. This permit is typically valid until your ALR hearing or until the date the suspension officially begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries even harsher penalties in Georgia.

• Refusal Penalty: A refusal to test will result in a longer license suspension than failing the test. Expect a suspension of at least one year for a first refusal.
• Implied Consent Law in Georgia: Georgia, like most 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 do so carries its own penalties, separate from any criminal penalties you might face.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial to fighting the suspension of your license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil administrative hearing, completely separate from the criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DDS has sufficient evidence to suspend your driver's license.
• 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) to justify the suspension, while a criminal trial requires proof "beyond a reasonable doubt."

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that challenges the reasons for your arrest or the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings in Decatur can be invaluable. They understand the legal procedures, can gather evidence, and can represent you at the hearing. They can also cross-examine witnesses and present legal arguments on your behalf.
• Understand What You Can Challenge: At the ALR hearing, you can challenge several aspects of your arrest and the evidence against you. This may include:
• Whether the police officer had probable cause to stop you.
• Whether the officer properly advised you of your implied consent rights.
• Whether the breath/blood test was administered correctly and the results are accurate.
• Whether the arrest was lawful.

Possible Outcomes

The ALR hearing can have several outcomes.

• Suspension Upheld: The hearing officer rules that the DDS has sufficient evidence to suspend your license.
• Suspension Overturned: The hearing officer rules that the DDS does not have sufficient evidence, and your license is not suspended.
• Restricted/Hardship License Granted: The hearing officer may grant you a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a restricted or hardship license in Georgia. This allows you to drive under certain conditions.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your driving record. Generally, you'll need to demonstrate a genuine need to drive for work, school, medical treatment, or court-ordered obligations.
• What You Can Drive For: A restricted license typically specifies the locations you can drive to (e.g., work, school, doctor's office) and the times you are allowed to drive.
• Costs and Application Process: The application process involves submitting an application to the DDS and paying a fee. You may need to provide documentation to support your need for a restricted license.
• IID Requirement: In some cases, the DDS may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

The outcome of your criminal DUI case will impact the process of getting your license back.

• Reinstatement Requirements: Reinstatement requirements vary depending on the length of the suspension and your criminal conviction. This may include completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school), paying reinstatement fees, and providing proof of insurance.
• Fees: Expect to pay reinstatement fees to the DDS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance for a certain period. SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DDS.
• Classes/Programs that Must be Completed: Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is often required for license reinstatement after a DUI conviction.

Decatur DMV Offices

Decatur County Tag Office 250 E. Ponce de Leon Ave, Suite 100 Decatur, GA 30030 Hours: Monday-Friday 8:00 AM - 5:00 PM

Georgia Department of Driver Services (DDS) Note: The nearest full-service DDS may be in a neighboring county. Check the DDS website (dds.georgia.gov) for the most up-to-date locations and hours.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with suspended licenses to drive vehicles equipped with an IID. The IID requires the driver to blow into a breathalyzer before starting the vehicle. If the breathalyzer detects alcohol, the vehicle will not start.
• Occupational License: This type of license allows individuals to drive for work-related purposes during a period of license suspension.
• Any State-Specific Programs: Check with the Georgia DDS or a DUI attorney for information on any other specific programs that may be available to you.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified DUI attorney in Decatur, Georgia, for advice specific to your situation.