Thomas County License Hearing Guide

Thomas DUI License Suspension & ALR Hearing

A DUI arrest in Thomas, Georgia, can be a frightening experience. Beyond the criminal charges you face, your driving privileges are immediately at risk. It's crucial to understand that there are two separate processes at play: the criminal case in court and an administrative process dealing with your driver's license through the Georgia Department of Driver Services (DDS). This guide focuses on the latter – specifically, how to fight a potential license suspension stemming from your DUI arrest in Thomas County. Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Thomas, Georgia, you have a very limited window to protect your driving privileges. You must request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (DDS) within 15 days of your arrest. This deadline is absolutely crucial.

Where to Request:

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

How to Request:

While the DDS website is the best source for up-to-date information, you typically have the following options:

• Online: Check the DDS website (dds.georgia.gov) for an online portal to request an ALS hearing. This is often the fastest and most efficient method.
• Mail: You may be able to mail a written request for a hearing. However, mailing carries the risk of delays. If mailing, send it certified mail with return receipt requested to ensure proof of delivery. The address would be to the DDS office in charge of administrative hearings. Check the DDS website for the most current address.
• In Person: You may be able to request the hearing in person at a DDS office. Check the DDS website for locations and hours.

What to Include in Your Request:

Your request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• The arresting officer's name and badge number (if known)
• A clear statement that you are requesting an Administrative License Suspension (ALS) hearing.

What Happens If You Miss the Deadline (Automatic Suspension):

If you fail to request an ALS hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule. Missing this deadline means you lose your opportunity to challenge the suspension and will be without driving privileges for a significant period. Don't let this happen to you!

Automatic License Suspension

The Georgia DDS can automatically suspend your license under certain circumstances related to your DUI arrest. These circumstances depend on whether you took a breath or blood test and, if so, 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, the DDS will likely suspend your license. The suspension period for a first offense is typically . However, you may be eligible for a restricted license during this period (more on that below).
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is usually valid until your ALS hearing or until the date the suspension is scheduled to begin, whichever comes first. This is why requesting a hearing is so important – it buys you time.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty than failing the test. Georgia's Implied Consent law means that by driving on Georgia roads, you've implicitly agreed to submit to such tests if lawfully requested by a law enforcement officer. Refusal typically results in a suspension, even for a first offense. Furthermore, you are often not eligible for a limited driving permit during this suspension.
• Implied Consent Law in Georgia: Georgia's Implied Consent law (O.C.G.A. § 40-5-55) states that any person who operates a motor vehicle upon the public highways of this state is deemed to have given consent to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or any drug.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: This hearing is entirely separate from the 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 hearing is to determine whether the DDS has sufficient evidence to suspend your license based on the circumstances of your arrest.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at 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. This means it's easier for the DDS to suspend your license administratively than it is for the prosecution to convict you of DUI in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, video footage (e.g., dashcam or bodycam footage), medical records, or any other documentation that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Thomas County can be invaluable in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the potential defenses to a license suspension. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge several aspects of the suspension, 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 breath or blood test was administered correctly.
• Whether the BAC results were accurate.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DDS has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DDS has not met its burden of proof, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Georgia

A hardship or restricted license allows you to drive for specific, essential purposes during your suspension.

• Eligibility Requirements: Eligibility for a restricted license in Georgia depends on the reason for the suspension and your prior driving record. Typically, you must not have any prior DUI convictions within a certain timeframe (e.g., 5 years). You may also need to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• What You Can Drive For: Restricted licenses typically allow you to drive to and from:
• Work
• School
• Medical appointments
• DUI school
• Alcoholics Anonymous (AA) meetings
• Costs and Application Process: The application process for a restricted license involves submitting an application to the DDS, paying a fee, and providing proof of eligibility (e.g., employment verification, school enrollment). Check the DDS website for the most up-to-date information on fees and application procedures.
• 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 restricted license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the DDS.
• Providing proof of completion of any required DUI school or substance abuse treatment programs.
• Filing an SR-22 insurance certificate with the DDS (proof of financial responsibility).
• Fees: Reinstatement fees vary and are subject to change. Check the DDS website for current fee schedules.
• SR-22 Insurance Requirement: An SR-22 is a certificate of financial responsibility required by the DDS for certain drivers, including those convicted of DUI. It proves that you have the minimum required auto insurance coverage.
• Classes/Programs That Must Be Completed: As mentioned above, completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is often a requirement for reinstatement.

Thomas DMV Offices

Special Programs

• Ignition Interlock Device Program: The Georgia DDS has an Ignition Interlock Device (IID) program that allows certain drivers to regain driving privileges sooner by installing an IID in their vehicles.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes even if your license is suspended.
• Any State-Specific Programs: [Research and insert information about any other specific programs available in Georgia related to DUI license suspensions and reinstatements.]

This guide provides a general overview of DUI license suspensions and ALR hearings in Thomas, Georgia. It's essential to consult with a qualified DUI attorney to discuss your specific situation and protect your rights. Remember, the 15-day deadline to request a hearing is critical, so act quickly!