Johnson County License Hearing Guide

Johnson DUI License Suspension & ALR Hearing

A DUI arrest in Johnson, Georgia can trigger two separate legal battles: a criminal case in court and an administrative case concerning your driver's license. This guide focuses on the administrative side, specifically how to navigate the potential license suspension process. It's crucial to understand that you have a VERY limited time to act to protect your driving privileges. The actions you take in the next few days could significantly impact your ability to drive legally.

Your License After a DUI Arrest in Johnson

Following a DUI arrest, the arresting officer likely confiscated your driver's license and issued you a temporary driving permit. This temporary permit is only valid for a limited time. The Georgia Department of Driver Services (DDS) will initiate a separate process to determine if your license should be suspended. This process is called an Administrative License Revocation (ALR) action. This is separate from the criminal DUI case. Even if you are ultimately found not guilty of DUI in criminal court, your license can still be suspended through the ALR process. This guide explains how the ALR process works in Johnson, Georgia, and what you need to do to fight a potential suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Suspension (ALS) hearing. This is a non-negotiable deadline. Missing this deadline results in an automatic suspension of your driver's license. 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 "Request an Administrative Hearing" section. You will likely need information from your DUI arrest paperwork.
• Mail: You can mail a written request for a hearing to the DDS. However, given the tight deadline, this is not recommended. If you choose this option, send it certified mail with return receipt requested to ensure proof of delivery. The address for the DDS is readily available on their website.
• Phone: While you might be able to initiate the request by phone, it's strongly advised to follow up with a written or online request. Get the name of the person you spoke with and confirmation of your request.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath/blood test and failed, or if you refused to take the test.

Automatic License Suspension

The reasons for automatic license suspension after a DUI arrest in Georgia depend on whether you submitted to chemical testing (breath, blood, or urine) and the results of that testing, or if you refused to submit to testing.

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 suspension period for a first offense is generally [Check Georgia State Law - Usually 6 months to 1 year].
• Temporary Permit: Your temporary driving permit is valid until either the date of your ALR hearing or the date your suspension begins (if you don't request a hearing or lose the hearing).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test results in a much harsher penalty than failing the test. The suspension period for refusing to take the test is typically [Check Georgia State Law - Usually 1 year for a first refusal]. This suspension is often longer than the suspension for failing the test.
• 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 submit to testing can have serious consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding conducted by the Georgia DDS. It is entirely distinct from your criminal DUI case. The purpose of the ALR hearing is to determine whether the DDS has sufficient evidence to suspend your driver's license based on the circumstances of your DUI arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented to determine if the officer had reasonable grounds to believe you were driving under the influence, if you were lawfully arrested, and if your BAC was 0.08 or higher (or if you refused testing).
• 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 by a "preponderance of the evidence" (more likely than not) that the suspension is warranted, whereas in a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Gather any evidence that might support your case. This could include:
• Witness statements
• Dashcam footage (if available)
• Medical records
• Photos
• Consider Hiring a DUI Attorney: A DUI attorney specializing in Georgia DUI law can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal nuances and can effectively present your case.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• The legality of the traffic stop
• Whether the officer had reasonable suspicion to believe you were driving under the influence
• The accuracy of the breathalyzer or blood test
• Whether you were properly advised of your implied consent rights

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DDS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DDS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Georgia

Even if your license is suspended, you may be able to obtain a limited driving permit (often called a hardship license or restricted license) that allows you to drive for essential purposes.

• Eligibility Requirements: Generally, you must meet certain criteria to be eligible for a hardship license, such as:
• Having no prior DUI convictions within a certain timeframe.
• Completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
• Having an ignition interlock device (IID) installed in your vehicle (depending on the circumstances).
• What You Can Drive For: A hardship license typically restricts your driving to specific purposes, such as:
• Traveling to and from work.
• Traveling to and from school.
• Traveling for medical appointments.
• Traveling to and from DUI school or other court-ordered programs.
• Costs and Application Process: The application process for a hardship license involves completing an application, paying a fee, and providing documentation to the DDS.
• IID Requirement: In many cases, especially for repeat offenders or those with high BAC levels, the DDS will require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the DDS.
• Providing proof of completion of any court-ordered DUI school or treatment programs.
• Passing any required vision or knowledge tests.
• Fees: The reinstatement fee varies, so check with the DDS for the current amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period.
• Classes/Programs That Must Be Completed: As mentioned above, completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI School) is often a requirement for reinstatement.

Johnson DMV Offices

Unfortunately, there is no DDS office directly located within Johnson County. The closest DDS locations are:

[DISCLAIMER: You'll need to use Google Maps or the Georgia DDS website to find the most up-to-date information on DDS locations and hours. The information below is a placeholder and may not be accurate.]

• DDS Customer Service Center - [Nearby City 1]
• Address:
• Hours: [Hours]
• DDS Customer Service Center - [Nearby City 2]
• Address:
• Hours: [Hours]

Always verify the addresses and hours of operation before visiting.

Special Programs

• Ignition Interlock Device Program: The Georgia DDS has a mandatory ignition interlock device (IID) program for certain DUI offenders.
• Occupational License: While similar to a hardship license, an occupational license might be available under certain circumstances and could offer slightly different driving privileges.
• [Check Georgia DDS Website for any other state-specific programs that might be relevant.]

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Johnson, Georgia. It is not intended as legal advice. It is essential to consult with a qualified DUI attorney to discuss your specific situation and legal options. Act quickly to protect your rights and driving privileges. The 15-day deadline is critical!