Pierce County License Hearing Guide

Pierce DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Pierce County, Georgia. It's a stressful and confusing time, but understanding the immediate steps you need to take is crucial, especially when it comes to your driver's license. This guide will walk you through the Administrative License Revocation (ALR) process and what you need to do to protect your driving privileges. It's important to understand that the ALR process is completely separate from the criminal DUI case. Even if the criminal charges are dropped, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single 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 this hearing within this strict deadline, your driver's license will be automatically suspended. Don't delay!

Where to Request the Hearing:

You need to request the hearing from the Georgia Department of Driver Services (DDS).

How to Request the Hearing:

You can request the hearing online, by mail, or in person.

• Online: The fastest and easiest method is to request the hearing online through the Georgia DDS website. Look for the section related to DUI and ALR hearings. You'll likely need your driver's license number and other information from your arrest.

• By Mail: You can send a written request to the Georgia DDS. The address for ALR hearing requests should be clearly marked on the paperwork you received at the time of your arrest. Make sure you send it certified mail with return receipt requested so you have proof of timely submission. If you cannot find the address, search the Georgia DDS website for "ALR hearing request address."

• In Person: You can visit a local Georgia DDS office to request the hearing in person. However, given the 15-day deadline, this might not be the most efficient option.

What Happens If You Miss the Deadline:

If you miss the 15-day deadline, your license will be automatically suspended. There's very little recourse once the deadline has passed, so act quickly!

Automatic License Suspension

Whether your license is automatically suspended depends on whether you took a breath or blood test, and the results.

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 varies based on previous DUI convictions.
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing (if requested) or until the date the suspension begins if you don't request a hearing, or if your hearing is unsuccessful.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a much harsher penalty than failing the test in Georgia.
• Implied Consent Law in Georgia: Georgia, like most states, has an implied consent law. This means that by driving on Georgia roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing results in an automatic license suspension, even if you are not ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative hearing held by the Georgia DDS, completely separate from your criminal DUI case in Pierce County court. The purpose of the hearing is to determine whether your driver's license should be suspended based on the circumstances of your arrest.

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 (meaning it's more likely than not) that the arresting officer had reasonable grounds to believe you were driving under the influence and that you were lawfully arrested.

How to Prepare

Preparing for your ALR hearing is crucial. Here's what you can do:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other information that challenges the officer's version of events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Georgia's ALR process can be invaluable. They understand the law, can gather evidence on your behalf, and represent you at the hearing. They can also negotiate with the DDS on your behalf.
• Understand What You Can Challenge: You can challenge several aspects of the arrest 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 advised of your implied consent rights.
• Whether the breathalyzer or blood test was properly administered.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The DDS upholds the suspension, meaning your license will be suspended for the applicable period.
• Suspension Overturned: The DDS overturns the suspension, and your driving privileges are restored.
• Restricted/Hardship License Granted: The DDS may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Georgia

Even if your license is suspended, you might be eligible for a hardship or restricted license in Georgia.

• Eligibility Requirements: Eligibility requirements vary based on the circumstances of your suspension. Generally, you must demonstrate a need to drive for work, school, or medical purposes.
• What You Can Drive For: A hardship license typically restricts you to driving to and from work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The application process involves submitting an application to the DDS and paying a fee.
• IID Requirement: Georgia may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license, especially if you have prior DUI convictions or a high BAC.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you still need to address the criminal DUI charges. Your license reinstatement requirements will depend on the outcome of your criminal case.

• Reinstatement Requirements: Once your suspension period is over, you'll need to meet certain requirements to reinstate your license. These typically include:
• Fees: Paying a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility required for high-risk drivers.
• Classes/Programs That Must Be Completed: Completing DUI Alcohol or Drug Use Risk Reduction Program (DUI School).

Pierce DMV Offices

Unfortunately, there are no designated Department of Motor Vehicle (DMV) or Department of Driver Services (DDS) offices directly located within Pierce County. The nearest DDS Customer Service Centers are in neighboring counties. You should check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on locations, hours, and services offered. It is recommended to call ahead.

Special Programs

• Ignition Interlock Device (IID) Program: Georgia's IID program allows individuals convicted of DUI to regain driving privileges sooner by installing a breathalyzer device in their vehicle.
• Occupational License: While not explicitly called an "occupational license," a restricted license serves a similar function, allowing you to drive for work-related purposes.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Required for license reinstatement after a DUI conviction.

This information is for general guidance only and should not be considered legal advice. If you have been arrested for DUI in Pierce County, it is strongly recommended that you consult with a qualified Georgia DUI attorney as soon as possible to protect your rights and navigate the complex legal process. They can provide you with specific advice based on your individual circumstances.