Glynn County License Hearing Guide

Glynn DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

If you've just been arrested for DUI in Glynn County, Georgia, you're likely facing a whirlwind of uncertainty. One of the most immediate concerns is your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative license suspension handled by the Georgia Department of Driver Services (DDS). This guide focuses on the administrative side and the crucial steps you need to take to protect your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. Failing to do so will result in an automatic suspension of your driver's license.

Where to Request: The ALR hearing is requested from the Georgia Department of Driver Services (DDS).

How to Request: You can request the hearing through the DDS website or by mailing a written request.

• Online: Visit the Georgia DDS website (dds.georgia.gov). Look for the section related to DUI and ALR hearings. You will likely need your driver's license information and the details of your arrest.

• Mail: Send a written request for an ALR hearing to:

Georgia Department of Driver Services ALR Unit P.O. Box 80447 Conyers, GA 30013

Your written request must include:

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

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. There is very little you can do to reverse this once the deadline has passed. Don't delay!

Automatic License Suspension

Even if you request a hearing, your license may still be subject to an automatic suspension, depending on the circumstances of your 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: In Georgia, a first-time DUI offense with a BAC over 0.08% typically results in a license suspension of at least one year.

• Temporary Permit: The officer may have issued you a temporary driving permit at the time of your arrest. This permit is usually valid for a limited time, typically 30 days, or until the date of your scheduled ALR hearing (if you requested one) or the date your suspension begins.

If You Refused Testing

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

• Refusal Penalty: Refusing to take a chemical test in Georgia results in a license suspension of at least one year 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 do so has serious consequences.

The ALR/Administrative Hearing

Understanding the ALR hearing process is crucial. It's your best chance to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding completely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.

• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Georgia DDS had sufficient grounds to suspend your 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 that the officer had reasonable grounds to believe you were driving under the influence and that you either failed or refused a chemical test.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), photos, or medical records.

• Consider Hiring a DUI Attorney: A DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal procedures, can cross-examine witnesses, and argue on your behalf.

• Understand What You Can Challenge: You can challenge several aspects of the case at the ALR hearing, including:

• Whether the officer had reasonable suspicion to stop you.

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

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

• Whether the breath or blood test was administered correctly.

Possible Outcomes

The ALR hearing can have one of three outcomes:

• Suspension Upheld: The DDS finds sufficient evidence to support the license suspension.

• Suspension Overturned: The DDS does not find sufficient evidence, and your license is reinstated.

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

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be eligible for a limited driving permit, often called a hardship or restricted license.

• Eligibility Requirements: Eligibility for a hardship license typically depends on factors such as your driving record, the reason for the suspension, and your need to drive for essential purposes. You'll likely need to demonstrate that you need to drive for work, school, or medical appointments.

• What You Can Drive For: A hardship license typically restricts your driving to specific purposes, such as:

• Traveling to and from work

• Attending school or job training

• Seeking medical treatment

• Attending court-ordered programs

• Costs and Application Process: The application process for a hardship license involves submitting an application to the DDS and providing supporting documentation. There are also associated fees. Contact the DDS for the most up-to-date information on costs and the application process.

• IID Requirement: In some cases, particularly for repeat DUI offenders, the DDS may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Whether you've had your license suspended due to failing or refusing a test, or after a criminal conviction, you'll need to take steps to reinstate it.

After Criminal Case Concludes

The requirements for reinstating your license after your criminal case concludes depend on the outcome of the case.

• Reinstatement Requirements: Reinstatement requirements may include:

• Paying reinstatement fees to the DDS.

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

• Providing proof of SR-22 insurance (high-risk auto insurance).

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

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state. You will likely need to maintain SR-22 insurance for a period of time, typically three years.

• Classes/Programs That Must Be Completed: You will almost certainly be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).

Glynn DMV Offices

Unfortunately, there are no dedicated Glynn County DDS offices. You will need to visit a neighboring county or utilize the online services provided by the DDS. Check the DDS website (dds.georgia.gov) for the closest location and hours of operation.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program may be required for hardship licenses or as part of your criminal sentencing.

• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes.

Navigating the DUI process can be overwhelming. Understanding your rights and responsibilities, especially the crucial 15-day deadline for requesting an ALR hearing, is essential for protecting your driving privileges. Consider consulting with a qualified DUI attorney in the Glynn County area to discuss your options and ensure you take the necessary steps to protect your future.