Gilmer County License Hearing Guide

Gilmer DUI License Suspension & ALR Hearing

(Updated for 2024)

A DUI arrest in Gilmer, Georgia can be a frightening and confusing experience. Beyond the criminal charges, you also face the immediate threat of losing your driver's license. It's crucial to understand that there are two separate legal processes involved: a criminal case in court and an administrative process related to your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the critical Administrative License Revocation (ALR) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Gilmer, you have only 15 DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your best chance to fight the suspension of your driver's license. Missing this deadline results in an automatic suspension. Don't delay!

Where to Request:

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

How to Request:

You can request the hearing through the following methods:

• Online: Visit the DDS website (dds.georgia.gov) and navigate to the online services section. Look for the ALR hearing request option. This is often the fastest method.
• Mail: Send a written request for an ALR hearing to the address designated by the DDS. Important: Ensure your request is postmarked within the 15-day deadline. Consult the DDS website for the most current address.
• Phone: Contact the DDS customer service line to inquire about requesting the hearing by phone. Be aware that this option may not always be available or recommended, as it's harder to prove you made the request on time.

What to Include in Your Request:

Your request should include the following information:

• Your full name
• Your driver's license number
• Your date of birth
• The date of your DUI arrest
• The arresting officer's name and department
• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing.
• Your current mailing address
• Your phone number

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. This suspension will begin . The penalties for driving with a suspended license in Georgia are severe, including additional fines, jail time, and further license suspension.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension pending the outcome of the hearing. The reasons for automatic suspension depend 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

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, the Georgia Department of Driver Services (DDS) will likely suspend your driver's license.

• BAC over 0.08: Your license will be suspended for . This is typically 12 months for a first offense.
• Temporary Permit: At the time of your arrest, the officer likely gave you a temporary driving permit. This permit is typically valid for 45 days from the date of your arrest or until your ALR hearing, whichever comes first. If you don't request a hearing within 15 days, the temporary permit is void and your suspension begins.

If You Refused Testing

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

• Refusal Penalty: If you refused testing, your license will be suspended for a longer period than if you had taken and failed the test. Typically, this is a 12-month hard suspension with no limited driving permit available.
• Implied Consent Law in Georgia: By driving on Georgia roads, you have given your "implied consent" to submit to chemical testing if arrested for DUI. Refusing to take the test can have serious consequences, independent of the outcome of your criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the Georgia Department of Driver Services (DDS) to determine whether the suspension of your driver's license is warranted.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. However, evidence presented at the ALR hearing can be used in your criminal case.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine if the arresting officer had probable cause to stop you, if you were lawfully arrested, and if your BAC was over the legal limit or if you refused testing.
• Lower Burden of Proof than Criminal Trial: The DDS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that you committed the offense. This is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Gilmer County can represent you at the ALR hearing, present evidence, cross-examine witnesses, and argue on your behalf. They understand the legal nuances of DUI law and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge several aspects of the case, including the legality of the traffic stop, the accuracy of the breath or blood test, and the officer's compliance with proper procedures.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The DDS hearing officer finds that the evidence supports the suspension of your driver's license.
• Suspension Overturned: The hearing officer finds that the evidence does not support the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant 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 limited driving permit or hardship license in Georgia, but only after a period of “hard suspension”.

• Eligibility Requirements: To be eligible, you generally must demonstrate a need to drive for work, school, medical appointments, or court-ordered obligations. You may also need to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• What You Can Drive For: A limited permit typically restricts you to driving to and from work, school, medical appointments, substance abuse treatment, and court-ordered community service.
• Costs and Application Process: The application process involves submitting an application to the DDS, providing proof of your need to drive, and paying a fee.
• 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 limited permit. [Check if IID is required for restricted licenses in Georgia].

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

Your ability to reinstate your license after the ALR suspension may depend on the outcome of the criminal case. A conviction could lead to further license suspensions or restrictions.

• Reinstatement Requirements: To reinstate your license, you will likely need to pay a reinstatement fee to the DDS.
• Fees: Reinstatement fees vary depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs that Must Be Completed: You may also be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) or other court-ordered programs.

Gilmer DMV Offices

Unfortunately, Gilmer County does not have a dedicated DDS office. Residents typically need to travel to neighboring counties. Here are some of the closest options:

• Pickens County DDS Customer Service Center
• 100 Prominence Point Pkwy, Suite 103, Jasper, GA 30143
• Hours: [Check DDS website for current hours]
• Fannin County DDS Customer Service Center
• 229 Blue Ridge Overlook, Blue Ridge, GA 30513
• Hours: [Check DDS website for current hours]

Always confirm hours of operation online before visiting.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required to obtain a limited driving permit or as a condition of reinstating your license after a DUI conviction.
• Occupational License: Georgia doesn't have a specific "occupational license." The hardship license described above serves a similar function.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Completion of this program is often required for license reinstatement.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Gilmer, Georgia. It is not intended as legal advice. You should consult with a qualified DUI attorney to discuss your specific situation and legal options. The law is constantly evolving and this information may not be up to date.