Stewart County License Hearing Guide

Stewart DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

A DUI arrest in Stewart, Georgia can be a frightening experience. Besides the criminal charges you face, there's also an administrative process that can lead to the suspension of your driver's license. This administrative process is completely separate from your criminal case, and it's crucial to understand it and act quickly to protect your driving privileges. This guide provides essential information to help you navigate the license suspension process after a DUI arrest in Stewart, Georgia.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Time is of the essence. Following a DUI arrest in Stewart, you have only 15 DAYS from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the potential 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: You can request a hearing through one of these methods:

• Online: The DDS website likely has a portal for requesting ALR hearings. Check the DDS website for the most up-to-date information and forms.
• Phone: Contact the DDS customer service line. Be prepared to provide information about your arrest and driver's license.
• Mail: Send a written request by certified mail to the DDS address (check the DDS website for the current address). Include your name, address, driver's license number, date of arrest, and a clear statement requesting an ALR hearing. Important: Sending it certified mail provides proof that the DDS received your request within the 15-day deadline.

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's very little recourse once the deadline passes, so don't delay! Missing this deadline means an automatic license suspension before you even have a chance to fight it.

Automatic License Suspension

Even if you request an ALR hearing, your license could still be subject to automatic suspension depending on the circumstances of your arrest.

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 prior offenses, but for a first offense, it's typically a period of .

• Temporary Permit: The arresting officer should have issued you a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension begins if you don't request a hearing or if your suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Georgia, a refusal typically results in a license suspension, even for a first offense.

• Implied Consent Law in Georgia: Georgia, like most states, has an "implied consent" law. This means that by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing can result in the automatic suspension of your license, regardless of your BAC.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. Understanding the process is key to maximizing your chances of success.

What It Is

• Separate from Criminal Court: It's vital to remember that the ALR hearing is a civil proceeding separate from your criminal DUI case. The outcome of the ALR hearing does not necessarily 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 arresting officer had probable cause to arrest you for DUI and whether the evidence supports the suspension of your license.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DDS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that the suspension is justified.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam footage
• Medical records
• Any other documentation that could challenge the officer's probable cause or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Stewart County can be invaluable in preparing for and representing you at the ALR hearing. They understand the nuances of Georgia DUI law and can effectively challenge the evidence against you.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest and the evidence presented against you, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breathalyzer machine was properly calibrated and maintained.
• Whether the blood test was properly administered and analyzed.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the evidence supports the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes.

Hardship/Restricted License in Georgia

Even with a suspended license, you might be able to obtain a restricted or hardship license to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements for a hardship license vary depending on the circumstances of your case. Generally, you must demonstrate a need to drive for work, school, medical appointments, or court-ordered obligations.
• What You Can Drive For: A restricted license typically allows you to drive only to and from specific locations, such as work, school, medical appointments, and alcohol/drug treatment programs.
• Costs and Application Process: The application process for a hardship license involves submitting an application to the DDS and providing documentation to support your need to drive. There are associated fees for the application and the license itself. Check the DDS website for the most current fees.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the length and type of suspension. Generally, you will need to:
• Pay a reinstatement fee to the DDS.
• Provide proof of completion of any required alcohol or drug education programs.
• Provide proof of SR-22 insurance (a certificate of financial responsibility).
• Fees: Reinstatement fees can vary. Check the DDS website for current fees.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the DDS for drivers who have been convicted of certain traffic offenses, including DUI. It demonstrates to the state that you carry the minimum required liability insurance.
• Classes/Programs That Must Be Completed: Depending on the specifics of your DUI case, you may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (also known as DUI school) before your license can be reinstated.

Stewart DMV Offices

Since Stewart County has no population center, you will likely need to travel to a neighboring county for DMV services. Check the Georgia DDS website for the most up-to-date locations and hours of operation for DDS offices in nearby counties like .

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program may be required as a condition of a restricted license or reinstatement of your full driving privileges.
• Occupational License: In limited circumstances, you may be able to obtain an occupational license that allows you to drive for work purposes even if you are not eligible for a full hardship license.
• Any State-Specific Programs: Check the Georgia DDS website for any other state-specific programs that may be available to DUI offenders.

This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Stewart, Georgia, it is highly recommended that you consult with an experienced DUI attorney as soon as possible to protect your rights and explore your options. Time is of the essence, especially with the 15-day deadline to request an ALR hearing. Don't delay!