Seminole County License Hearing Guide

Seminole DUI License Suspension & ALR Hearing

A DUI arrest in Seminole, Georgia can be a frightening experience. Beyond the criminal charges, you face the immediate threat of losing your driving privileges. It's crucial to understand that there are two separate legal processes you'll be navigating: the criminal case and the administrative license suspension process. This guide focuses specifically on the administrative side, particularly the license suspension and the crucial Administrative License Revocation (ALR) hearing. This is a time-sensitive matter, so pay close attention.

Your License After a DUI Arrest in Seminole

After being arrested for DUI in Seminole County, your Georgia driver's license is in jeopardy. The Georgia Department of Driver Services (DDS) can suspend your license independently of any criminal court outcome. This administrative suspension is triggered by either failing a breath or blood test (registering a Blood Alcohol Content or BAC of 0.08 or higher) or refusing to take the test altogether. The ALR hearing is your opportunity to challenge this suspension.

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. Missing this deadline will result in an automatic suspension of your driver's license.

Where to Request:

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

How to Request:

While specific procedures can change, typically you can request the hearing through one of the following methods:

• Online: Check the DDS website (dds.georgia.gov) for online hearing request options. Look for a section related to DUI or administrative license suspensions.
• Phone: Contact the DDS customer service line. Be prepared to provide information about your arrest and driver's license.
• Mail: Send a written request to the designated DDS address for ALR hearing requests. This address should be available on the DDS website or by contacting their customer service. Important: Send it certified mail with return receipt requested to prove you sent it on time.

What to Include in Your Written Request:

• Your full name and address
• Your driver's license number
• The date of your DUI arrest
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.
• Your signature

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. You will lose your driving privileges, potentially impacting your ability to work, attend school, or take care of essential needs. Don't let this happen! Act immediately.

Automatic License Suspension

The grounds for automatic license suspension depend on whether you took the breath or blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08 or higher, your license will be suspended. The suspension period varies depending on prior DUI offenses.
• Temporary Permit: You should have been issued a temporary driving permit at the time of your arrest. This permit is typically valid for 30 days or until the date of your scheduled ALR hearing (if requested within the 15-day deadline) or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Georgia, a refusal typically results in a longer license suspension.
• 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 (breath, blood, or urine) if lawfully arrested for DUI. Refusal to do so carries significant penalties.

The ALR/Administrative Hearing

The ALR hearing is a crucial step in protecting your driving privileges after a DUI arrest in Seminole County.

What It Is

• Separate from Criminal Court: It's essential to understand that the ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DDS has sufficient grounds to suspend your driver's license based on the DUI arrest.
• 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 "probable cause" that you were driving under the influence, not "beyond a reasonable doubt" as required in a criminal case.

How to Prepare

Proper preparation for the ALR hearing is essential to maximizing your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Video footage (e.g., dashcam footage)
• Medical records (if relevant)
• Any documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A qualified Georgia DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal procedures, can cross-examine witnesses, and present a compelling case on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the police had probable cause to stop you.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can result in one of three possible outcomes:

• Suspension Upheld: The hearing officer determines that the DDS has sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the DDS does not have sufficient grounds to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

If your license is suspended, you may be eligible for a limited driving permit or hardship license.

• Eligibility Requirements: The requirements for obtaining a hardship license in Georgia vary depending on the circumstances of your DUI arrest and your driving record. Generally, you must demonstrate a genuine need to drive for essential purposes.
• What You Can Drive For: Typically, a hardship license allows you to drive to and from work, school, medical appointments, and court-ordered programs.
• Costs and Application Process: There are fees associated with applying for a hardship license. You will need to complete an application form and provide documentation to support your need for driving privileges.
• IID Requirement: In some cases, a hardship license may be contingent on installing an Ignition Interlock Device (IID) in your vehicle. An IID requires you to blow into a breathalyzer before starting your car, preventing you from driving if you have alcohol in your system.

Getting Your License Back

Reinstating your driver's license after a DUI suspension in Georgia requires fulfilling specific requirements.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement depend on the outcome of your criminal case and the length of your suspension. Generally, you will need to:
• Pay a reinstatement fee.
• Provide proof of completion of any court-ordered DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Provide proof of SR-22 insurance.
• Fees: Reinstatement fees vary and are payable to the DDS.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DDS. It demonstrates that you have the required minimum liability coverage.
• Classes/Programs That Must Be Completed: A DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required for license reinstatement after a DUI conviction.

Seminole DMV Offices

Unfortunately, Seminole County itself does not have a dedicated Department of Driver Services (DDS) office. You will likely need to visit a DDS office in a neighboring county. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date information on locations, hours, and services offered. Closest options include:

• **** - - [Hours]
• **** - - [Hours]

Please confirm the closest and most convenient DDS location and their hours of operation on the official DDS website.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, the IID program may be a requirement for obtaining a hardship license or for reinstating your license after a suspension.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for specific work-related purposes.

---

Disclaimer: This guide provides general information about DUI license suspension and ALR hearings in Seminole, Georgia. It is not intended as legal advice. It is essential to consult with a qualified Georgia DUI attorney to discuss the specific facts of your case and to obtain legal advice tailored to your situation. Remember the 15-day deadline and act quickly to protect your driving privileges.