Montgomery County License Hearing Guide

Montgomery DUI License Suspension & ALR Hearing

You've been arrested for DUI in Montgomery County, Georgia. This is a stressful and confusing time. One of the most immediate concerns is your driver's license. This guide provides critical information about your license suspension, the Administrative License Revocation (ALR) hearing, and what you need to do right now to protect your driving privileges.

It's important to understand there are two separate cases against you:

• Criminal Case: This is the DUI charge itself, handled in a criminal court.
• Administrative Case: This involves your driver's license and is handled by the Georgia Department of Driver Services (DDS). This process is called the ALR hearing.

These cases are completely independent. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know. You have only 15 DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you fail to request a hearing within this timeframe, your license will be automatically suspended.

Where to Request:

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

How to Request:

You can typically request an ALR hearing through one of the following methods:

• Online: Check the DDS website (dds.georgia.gov) for online hearing request options.
• Mail: Send a written request for a hearing to the address provided on your DDS paperwork (usually the officer gives you a paper at the time of arrest). Make sure to send it certified mail with return receipt requested to have proof of submission.
• Phone: Contact the DDS customer service line to inquire about scheduling a hearing.

What to include in your written request (if mailing):

• Your full name
• Your driver's license number
• Your date of birth
• Your current address
• The date of your DUI arrest
• A clear statement requesting an Administrative License Revocation (ALR) hearing

What Happens If You Miss the Deadline?

If you miss the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule. It is crucial to act immediately.

Automatic License Suspension

The circumstances surrounding your DUI arrest determine the length of your license suspension.

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 length of the suspension for a first offense varies depending on the details of your case, but it is typically a period of several months.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid for 45 days or until your ALR hearing, whichever comes first. Once the suspension begins (either after the ALR hearing upholds the suspension or after the 15-day deadline passes without a request for hearing), you will no longer be able to drive.

If You Refused Testing

Refusing a breath, blood, or urine test carries a significantly harsher penalty than failing one.

• Refusal Penalty: In Georgia, refusing to submit to chemical testing results in an automatic license suspension for one year, even for a first offense.
• Implied Consent Law in Georgia: Georgia, like all 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

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: Remember, this hearing is completely separate from your criminal DUI case.
• Decides License Suspension: The purpose of the ALR hearing is to determine whether the Georgia DDS had sufficient cause to suspend your license.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. 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 key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam footage (if available)
• Medical records
• Evidence challenging the accuracy of the breathalyzer or blood test
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable in navigating the ALR process. They can:
• Review the evidence against you
• Advise you on your legal options
• Represent you at the hearing
• Cross-examine witnesses
• Understand What You Can Challenge: You can challenge several aspects of the DUI arrest, including:
• Whether the officer had reasonable suspicion to stop you
• Whether the officer had probable cause to arrest you
• Whether the breathalyzer or blood test was administered properly
• Whether your BAC was actually over the legal limit

Possible Outcomes

• Suspension Upheld: The hearing officer rules that the DDS had sufficient cause to suspend your license.
• Suspension Overturned: The hearing officer rules that the DDS did not have sufficient cause to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: The hearing officer grants you a restricted or hardship license, allowing you to drive under certain conditions.

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 varies based on the reason for the suspension and your prior driving record. Generally, you must demonstrate a need to drive for essential purposes.
• What You Can Drive For: A restricted license typically allows you to drive to:
• Work
• School
• Medical appointments
• Substance abuse treatment programs
• Costs and Application Process: The application process involves completing an application, paying a fee, and providing documentation to support your need for a restricted license. Contact the DDS for specific requirements and fees.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After your suspension period ends and your criminal case is resolved, you will need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: Requirements vary depending on the outcome of your criminal case and the length of your suspension. Generally, you will need to:
• Pay a reinstatement fee to the DDS
• Provide proof of completion of any required DUI Alcohol or Drug Use Risk Reduction Program (DUI school)
• Provide proof of SR-22 insurance (see below)
• Fees: Reinstatement fees vary. Check the DDS website for current fees.
• SR-22 Insurance Requirement: Georgia often requires drivers convicted of DUI to maintain SR-22 insurance for a period of years. This is a certificate of financial responsibility that your insurance company files with the DDS.
• Classes/Programs That Must Be Completed: Georgia requires completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) before your license can be reinstated.

Montgomery DMV Offices

Since Montgomery County has no incorporated cities or towns (and therefore no local DMV office), residents will need to visit regional DDS offices. Here are some nearby Georgia Department of Driver Services (DDS) locations:

• Vidalia Customer Service Center: 115 Lyons Industrial Pkwy, Vidalia, GA 30474. Check the DDS website (dds.georgia.gov) for current hours.
• Dublin Customer Service Center: 120 Industrial Blvd Suite A, Dublin, GA 31021. Check the DDS website (dds.georgia.gov) for current hours.

It is always recommended to check the DDS website (dds.georgia.gov) for the most up-to-date information on office hours and services before visiting.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with a suspended license to drive with a device that requires them to blow into it to verify they are not under the influence of alcohol.
• Occupational License: (See Hardship/Restricted License above; often referred to as an Occupational License)
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Required for license reinstatement after a DUI conviction.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Georgia to discuss your specific situation and legal options. Time is of the essence, especially with the 15-day deadline to request an ALR hearing.