Franklin County License Hearing Guide

Franklin DUI License Suspension & ALR Hearing

Your DUI arrest in Franklin, Georgia, comes with two separate but equally important battles: the criminal case and the administrative license suspension process. While your criminal case deals with potential jail time and fines, the administrative process directly impacts your driving privileges. This guide focuses on the administrative side – specifically, how to fight your license suspension and potentially keep your driving privileges. Time is of the essence!

Your License After a DUI Arrest in Franklin

It's crucial to understand that the administrative license suspension process is entirely separate from your criminal DUI case. The Georgia Department of Driver Services (DDS), not the Franklin County court, handles this. This means that even if you are found not guilty in your criminal case, your license can still be suspended administratively. The burden of proof is lower in the administrative hearing, making it even more vital to act quickly and strategically. Think of it as two different battles, both requiring your immediate attention.

CRITICAL DEADLINE: Request Hearing Within 30 Days

This is the most important thing you need to know: You have only THIRTY (30) days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. Missing this deadline means your license will be automatically suspended. Don't delay!

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

How to Request:

• Online: The fastest and recommended method is to request the hearing online through the DDS website. Look for the ALR Hearing Request portal. You will need your driver's license information and the details of your DUI arrest.

• Phone: You may be able to request the hearing by calling the DDS customer service line. Be prepared for potential wait times.

• Mail: While possible, mailing your request is the least recommended option due to the strict deadline. If you choose to mail, send it via certified mail with return receipt requested to ensure proof of delivery. Address the request to the appropriate DDS ALR Hearing department. Check the DDS website for the correct address.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 30 days, your license will be automatically suspended. There are very few exceptions to this rule. The suspension will begin as outlined below, depending on whether you took or refused the breath/blood test.

Automatic License Suspension

The length of your license suspension depends on whether you took a breath or blood test and, if so, what the results were, 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 for a period determined by Georgia law. Consult a DUI attorney to determine the exact length based on your specific circumstances, including any prior DUI convictions.

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing date or the date your suspension begins if you don't request a hearing or your hearing is unsuccessful.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Georgia, a refusal typically results in a longer license suspension than a failed test.

• 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. Refusing to submit to testing can result in severe penalties, including a longer license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding conducted by the Georgia DDS. It is entirely separate from your criminal DUI case. The purpose of the hearing is to determine whether the DDS had sufficient grounds to suspend your driver's license. The burden of proof is lower than in a criminal trial, meaning the DDS only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Proper preparation is crucial for a successful ALR hearing. Consider the following:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that contradicts the police officer's account.

• Consider Hiring a DUI Attorney: A DUI attorney specializing in Georgia DUI law can provide invaluable assistance. They understand the legal complexities of the ALR process, can represent you at the hearing, and can challenge the evidence presented by the DDS. They can also advise you on the best course of action for your specific situation.

• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest, including:

• Whether the police officer had probable cause to stop you.

• Whether the field sobriety tests were administered correctly.

• Whether the breathalyzer machine was properly calibrated and maintained.

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

Possible Outcomes

The ALR hearing can have one of three main outcomes:

• Suspension Upheld: The DDS finds sufficient evidence to support the license suspension. Your license will be suspended for the applicable period.

• Suspension Overturned: The DDS does not find sufficient evidence to support the license 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. This allows you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

Even if you lose your ALR hearing, you might be eligible for a limited driving permit. These permits allow you to drive under specific circumstances.

• Eligibility Requirements: To be eligible for a hardship license, you typically need to demonstrate that you have no other means of transportation and that losing your driving privileges would cause significant hardship.

• What You Can Drive For: A hardship license typically restricts you to driving to and from work, school, medical appointments, and court-ordered treatment programs.

• Costs and Application Process: There is a fee associated with applying for a hardship license. You will need to complete an application and provide supporting documentation to the DDS.

• IID Requirement: You might be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license. An IID is a device that requires you to blow into it before starting your car. If the device detects alcohol, the car will not start.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, your license could still be suspended if you are convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:

• Serve the full suspension period.

• Pay a reinstatement fee.

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

• Provide proof of SR-22 insurance.

• Fees: Reinstatement fees vary depending on the length of the suspension and the number of prior DUI convictions.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required liability insurance coverage. You will likely need to maintain SR-22 insurance for a period of time after your license is reinstated.

• Classes/Programs that Must Be Completed: Completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is typically a mandatory requirement for license reinstatement.

Franklin DDS Offices

Unfortunately, there is no DDS office located directly in Franklin County, Georgia. You will need to visit a nearby office. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on office locations and hours. You can often find offices in neighboring counties like Hart, Stephens, or Madison.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with suspended licenses to drive with an IID installed in their vehicle. This is often a condition of a restricted license or early reinstatement.

• Occupational License: In some circumstances, you might be able to obtain an occupational license, which allows you to drive for work-related purposes even while your license is suspended. Eligibility requirements vary.

Disclaimer: This information is intended for informational purposes only and does not constitute legal advice. You should consult with a qualified DUI attorney in Franklin County, Georgia, to discuss your specific situation and legal options. The laws and regulations regarding DUI and license suspension are subject to change.