Lee County License Hearing Guide

Lee DUI License Suspension & ALR Hearing

Being arrested for a DUI in Lee County, Georgia can be a frightening experience. Beyond the criminal charges, you face the immediate threat of losing your driving privileges. Understanding the administrative license suspension process and the crucial ALR (Administrative License Revocation) hearing is vital to protecting your ability to drive. This guide provides immediate, practical information on navigating this process in Lee County. Remember, time is of the essence.

Your License After a DUI Arrest in Lee

It's important to understand that a DUI arrest triggers two separate legal processes: a criminal case and an administrative license suspension. The criminal case deals with the actual DUI charge in court. The administrative process, handled by the Georgia Department of Driver Services (DDS), determines whether your driver's license will be suspended. This guide focuses specifically on the administrative side, specifically the ALR hearing and license suspension. These are independent of the criminal case. You can win your criminal case and still lose your license administratively, and vice versa.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest in Lee County, you have an extremely limited time – just 15 days – to request an Administrative License Revocation (ALR) hearing. This is a crucial deadline. Missing it results in an automatic 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 phone, or by mail, though online is often the fastest and most reliable. The DDS website (dds.georgia.gov) provides detailed instructions. You will likely need your driver's license information and the arresting officer's report number.

• Online: Visit the DDS website and navigate to the section on requesting an ALR hearing.

• Phone: Contact the DDS customer service line. Be prepared for potential wait times.

• Mail: Mail a written request to the DDS address specified on the DDS website. This method is the least recommended due to processing delays.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly! Don't delay - this is the most important thing you can do right now.

Automatic License Suspension

Whether your license is automatically suspended depends on whether you submitted to chemical testing (breath, blood, or urine) and the results of that test, or if you refused testing altogether.

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 in Georgia is typically ****. This may be dependent on the court's decision and could be longer if there are aggravating factors.

• Temporary Permit: At the time of your arrest, the officer may have issued you a temporary driving permit. This permit is generally valid until your ALR hearing or until the automatic suspension begins, whichever comes first. Check the expiration date on the permit carefully.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty in Georgia. The suspension period for a first-time refusal is typically ****.

• Implied Consent Law in Georgia: Georgia, like most states, operates under 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 do so carries significant consequences, including a longer license suspension and potential use of the refusal against you in court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It's a critical step in potentially regaining or retaining your driving privileges.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice-versa.

• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the officer had probable cause to arrest you for DUI and whether the evidence supports the suspension of your license.

• Lower Burden of Proof: The burden of proof at an ALR hearing is lower than in a criminal trial. The DDS only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas in a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This may include:

• Witness statements

• Dashcam or bodycam footage (if available)

• Medical records

• Photos or videos of the scene

• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A DUI attorney experienced in Lee County can help you understand your rights, gather evidence, and present a strong defense at the hearing. They can also subpoena witnesses and cross-examine the arresting officer.

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

• Whether the officer had probable cause to stop you.

• Whether the officer properly administered the field sobriety tests.

• Whether the breathalyzer or blood test was properly administered and calibrated.

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

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the suspension is justified, your license will be suspended.

• Suspension Overturned: If the hearing officer finds that the suspension is not justified, 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.

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, allowing you to drive for specific purposes.

• Eligibility Requirements: To be eligible for a hardship license, you typically need to demonstrate that the suspension is causing you undue hardship and that you need to drive for essential purposes, such as:

• Work

• School

• Medical appointments

• What You Can Drive For: A hardship license typically restricts you to driving only for the approved purposes listed above.

• Costs and Application Process: The application process for a hardship license involves submitting an application to the DDS and paying a fee.

• IID Requirement: [Check Georgia Law] Georgia 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

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your criminal case concludes (whether through a plea agreement or trial), you will need to meet specific requirements to reinstate your license. These requirements may include:

• Serving the suspension period.

• Paying reinstatement fees.

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

• Fees: The DDS charges a fee to reinstate your driver's license.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.

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

Lee DMV Offices

Unfortunately, Lee County does not have a dedicated DDS office. Residents typically need to travel to neighboring counties. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on nearby locations and hours. Some possible nearby DDS locations might include:

[Insert Possible Nearby DDS Office Locations and Addresses Here - Check DDS Website]

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, Georgia has an Ignition Interlock Device (IID) program, which may allow you to drive with a restricted license if you install an IID in your vehicle.

• Occupational License: [Check Georgia Law] An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes.

• Any State-Specific Programs: [Check Georgia Law] Be sure to research any other state-specific programs that may be available to you in Georgia.

This guide provides general information only and should not be considered legal advice. If you have been arrested for DUI in Lee County, Georgia, it is crucial to consult with a qualified DUI attorney as soon as possible to protect your rights and driving privileges. Act quickly to meet the 15-day deadline for requesting an ALR hearing!