Paulding County License Hearing Guide

Paulding DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges!

Being arrested for a DUI in Paulding County, Georgia is a stressful and confusing experience. While you're facing potential criminal charges, there's also a separate administrative process that directly impacts your driver's license. This process is governed by the Georgia Department of Driver Services (DDS) and involves a potential license suspension. Understanding this administrative process and acting quickly is critical to protecting your ability to drive. This guide outlines what you need to know about your license suspension and the Administrative License Revocation (ALR) hearing.

The administrative process is separate from your criminal case. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through the ALR process. Don't make the mistake of ignoring this!

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

After a DUI arrest in Paulding County, you have a very limited time to request an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic suspension of your driver's license.

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

How to Request:

• Online: The fastest and most reliable method is to request your hearing online through the DDS website. Navigate to the DDS website (dds.georgia.gov) and look for the section on DUI and ALR hearings. Follow the instructions carefully.
• Phone: You may be able to request a hearing by phone, but this is generally discouraged as it's harder to prove you made the request within the deadline. Call the DDS at the number listed on their website. Confirm with the representative that you are requesting an ALR hearing related to your recent DUI arrest in Paulding County.
• Mail: While technically possible, requesting by mail is the least recommended option due to potential delays. If you choose this route, send a certified letter with return receipt requested to the DDS headquarters. Include your full name, address, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Keep a copy of the letter and the certified mail receipt.

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. There are very few exceptions to this rule, so it's imperative to act quickly. Don't delay – start the process today.

Automatic License Suspension

Even if you request an ALR hearing, your license will still be subject to an automatic suspension, though the hearing can potentially overturn it. The length of the suspension depends on whether you submitted to a breath or blood test and the results, or if you refused 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 length of the suspension for a first offense in Georgia varies, but you should expect a minimum suspension period of several months. We strongly suggest consulting with a DUI attorney to determine the exact length.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty in Georgia. You can expect a significantly longer license suspension than if you had taken the test and failed. This suspension is often for a year or more for a first offense.
• Implied Consent Law in Georgia: Georgia, like all 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. Refusing to take the test can lead to the penalties described above, even if you are ultimately found not guilty of DUI.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding conducted by the Georgia DDS. Its sole purpose is to determine whether your driver's license should be suspended. It is not a criminal trial.

• Separate from Criminal Court: The outcome of your ALR hearing does not necessarily determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence and determine if there was probable cause for your arrest and whether your BAC was over the legal limit (if you took the test) or whether you refused to take the test.
• 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 by a "preponderance of the evidence" (more likely than not) that the suspension is warranted.

How to Prepare

Preparing for your ALR hearing is crucial. A favorable outcome can save you months of license suspension.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (e.g., dashcam footage), or any other documentation that could challenge the basis for your arrest or the accuracy of the BAC test (if applicable).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Paulding County can be invaluable. They understand the ALR process, can represent you at the hearing, cross-examine witnesses, and present a strong defense on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police officer had probable cause to stop you.
• Whether the police officer properly administered the field sobriety tests.
• Whether the breath or blood test was properly administered and the results were accurate.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

• Suspension Upheld: The hearing officer finds that the suspension is warranted, and your license remains suspended.
• Suspension Overturned: The hearing officer finds that the suspension is not warranted, and your license is reinstated. This is the best possible outcome.
• Restricted/Hardship License Granted: Even if your license is suspended, you may be eligible for 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

If your license is suspended after a DUI in Paulding County, you may be eligible for a limited driving permit, also known as a hardship or restricted license.

• Eligibility Requirements: Eligibility for a restricted license varies depending on the circumstances of your case, including whether you refused testing and the length of your suspension. 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 and from work, school, medical appointments, court-ordered treatment programs, and probation appointments.
• Costs and Application Process: The application process involves submitting an application to the DDS and paying a fee. You may need to provide documentation to support your need for a restricted license, such as a letter from your employer.
• IID Requirement: In some cases, particularly for repeat offenders or those with high BAC levels, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of receiving a restricted license.

Getting Your License Back

After Criminal Case Concludes

Regardless of the outcome of your ALR hearing, you will also need to address the criminal charges related to your DUI arrest.

• Reinstatement Requirements: Once your criminal case is resolved and any suspension period has ended, you will need to meet certain requirements to reinstate your driver's license.
• Fees: You will likely need to pay a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have the required minimum liability insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) or other court-ordered programs.

Paulding DMV/DDS Offices

While you can often handle ALR requests and license reinstatement online, you may need to visit a local DDS office for certain matters. Check the DDS website (dds.georgia.gov) for the most up-to-date information on locations, hours, and services offered.

Unfortunately, specific Paulding County DDS office information is not readily available in the data provided. You can easily find this information on the Georgia DDS website.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows drivers to regain driving privileges sooner by installing a device that prevents the vehicle from starting if alcohol is detected on the driver's breath.
• Occupational License: Similar to a restricted license, an occupational license allows you to drive for specific work-related purposes.
• Georgia DUI Intervention Program: This program offers education and treatment services for individuals convicted of DUI.

Important Reminder: The information provided in this guide is for informational purposes only and does not constitute legal advice. It is essential to consult with a qualified Georgia DUI attorney to discuss your specific situation and protect your rights. Time is of the essence, so contact an attorney today!