Floyd County License Hearing Guide

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

A DUI arrest in Floyd County, Georgia, can trigger a separate and immediate threat to your driver's license, regardless of the outcome of your criminal case. This is the administrative license suspension process, and it's crucial to understand it to protect your driving privileges. This guide will walk you through the steps you need to take, especially the critical deadlines, to potentially save your license after a DUI arrest in Floyd, GA. Remember, time is of the essence.

Your License After a DUI Arrest in Floyd

After a DUI arrest in Floyd County, you are facing two distinct legal battles:

• The Criminal Case: This involves the charges filed against you by the Floyd County District Attorney for driving under the influence. The outcome of this case (guilty, not guilty, plea bargain) will determine any criminal penalties, such as fines, jail time, and probation.

• The Administrative License Suspension (ALS) Case: This is a civil process handled by the Georgia Department of Driver Services (DDS). It's completely independent of the criminal case. The purpose of this process is to determine whether your driver's license should be suspended based on your arrest for DUI.

Even if your criminal DUI case is dismissed, you can still lose your license through the administrative process. This is why it's so important to understand your rights and act quickly.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing gives you the opportunity to challenge the suspension of your driver's license.

Where to Request:

You must request the hearing through the Georgia Department of Driver Services (DDS).

How to Request:

You can request the hearing online, by mail, or in person. The easiest and fastest way is usually online.

• Online: Visit the Georgia DDS website. You will likely need to create an account or log in if you already have one. Look for the section related to DUI or Administrative License Suspension. The specific forms and procedures should be outlined there.
• Mail: You can mail a written request to the Georgia DDS. The address should be clearly stated on the DDS website or on the DDS form.
• In Person: You can visit a local DDS office (see the list at the end of this guide). However, this may be the least efficient method, especially considering the 15-day deadline.

What to Include in Your Request:

Your request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your DUI arrest
• The arresting officer's name and law enforcement agency
• A clear statement that you are requesting an ALR hearing

What Happens If You Miss the Deadline?

If you fail to request a hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will take effect 30 days after your arrest. There are very few exceptions to this rule, so it's crucial to act quickly.

Automatic License Suspension

The length of your license suspension depends on whether you took a breath or blood test and the results, or if you refused to take the test.

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 is typically 12 months.
• Temporary Permit: After your arrest, you were likely issued a temporary driving permit. This permit is valid for 30 days, or until the date your suspension goes into effect if you do not request an ALR hearing. If you request a hearing, the temporary permit remains valid until the hearing outcome.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty. In Georgia, a refusal results in an automatic 12-month suspension of your driver's license, even for a first offense.
• 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 can lead to the automatic suspension described above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is held before an administrative law judge and is focused solely on whether the Department of Driver Services (DDS) has sufficient grounds to suspend your driver's license. Key differences from a criminal trial include:

• Lower Burden of Proof: The DDS only needs to prove its case by a preponderance of the evidence (more likely than not), which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.
• Focus on Specific Issues: The hearing will focus on specific issues, such as whether the officer had probable cause to stop you, whether you were properly advised of your implied consent rights, and whether the breath or blood test was properly administered.

How to Prepare

Preparing for your ALR hearing is essential to increase your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (from dash cams or security cameras), photos, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Floyd County can guide you through the ALR process, help you gather evidence, and represent you at the hearing. They understand the local procedures and can significantly improve your chances of success.
• Understand What You Can Challenge: You can challenge various aspects of the DDS's case, including:
• The legality of the traffic stop.
• Whether the officer had probable cause to believe you were driving under the influence.
• Whether you were properly advised of your implied consent rights.
• The accuracy and reliability of the breath or blood test.
• Whether the testing procedures were followed correctly.

Possible Outcomes

The administrative law judge will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The judge finds that the DDS has sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The judge finds that the DDS has failed to prove its case, and your license is reinstated.
• Restricted/Hardship License Granted: In some circumstances, the judge may grant you a restricted or hardship license, allowing you to drive under certain conditions.

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 or restricted license. This allows you to drive for specific purposes, such as:

• Going to and from work
• Attending school or educational programs
• Seeking medical treatment
• Attending court-ordered programs (e.g., DUI school)

Eligibility Requirements:

• You must have completed DUI school or be enrolled in a DUI Risk Reduction Program.
• You must not have any prior DUI convictions within the past five years.
• You must install an ignition interlock device (IID) on your vehicle (in some cases).
• You must meet any other requirements imposed by the court or the DDS.

What You Can Drive For:

As mentioned above, a restricted license generally allows you to drive for work, school, medical appointments, and court-ordered programs. The specific restrictions will be outlined on your license.

Costs and Application Process:

The application process for a restricted license involves submitting an application to the DDS, paying a fee, and providing proof of eligibility. Contact the DDS for the most up-to-date information on fees and application procedures.

IID Requirement:

Georgia law often requires the installation of an ignition interlock device (IID) as a condition of obtaining a restricted license, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

After Criminal Case Concludes

The reinstatement of your license after a DUI conviction depends on the outcome of your criminal case and the terms of your sentence.

Reinstatement Requirements:

• Completion of your license suspension period.
• Payment of reinstatement fees to the DDS.
• Completion of DUI school or a DUI Risk Reduction Program.
• Installation of an ignition interlock device (IID), if required.
• Proof of SR-22 insurance (high-risk auto insurance).

Fees:

Reinstatement fees vary depending on the length of the suspension and other factors. Contact the DDS for the current fee schedule.

SR-22 Insurance Requirement:

SR-22 insurance is a certificate of financial responsibility required by the DDS for drivers who have been convicted of DUI or other serious traffic offenses. It proves that you have the minimum required liability insurance coverage.

Classes/Programs That Must Be Completed:

Completion of a DUI Risk Reduction Program (DUI school) is typically required for license reinstatement after a DUI conviction.

Floyd DMV/DDS Offices

While the DDS website is the best resource for online services, you may need to visit an office in person. Here are some locations that may be convenient to residents of Floyd County (please verify hours and services online before visiting):

• Rome Customer Service Center (Check DDS website for current address and hours)

Note: Always check the Georgia Department of Driver Services (DDS) website (dds.georgia.gov) for the most up-to-date information on office locations, hours, and services.

Special Programs

• Ignition Interlock Device Program: As mentioned previously, Georgia uses IIDs as part of its DUI sentencing and license reinstatement process.
• Occupational License: This is another term for a restricted or hardship license, allowing driving for specific purposes.

Disclaimer: This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Floyd County, Georgia, you should consult with a qualified DUI attorney as soon as possible to protect your rights. Remember that the 15-day deadline to request an ALR hearing is critical. Don't delay!