Union County License Hearing Guide

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

Being arrested for a DUI in Union, Georgia, can be a frightening and confusing experience. Besides the criminal charges you face, your driver's license is immediately at risk. Understanding the administrative process, specifically the Administrative License Suspension (ALS) and the ALR hearing, is crucial to protecting your ability to drive. This guide provides immediate, practical information to help you navigate this complex situation. Remember, time is of the essence.

Your License After a DUI Arrest in Union

After a DUI arrest in Union, GA, you're dealing with two separate legal processes:

• Criminal Case: This involves the charges against you (DUI, etc.) in court and determines your guilt or innocence.
• Administrative License Suspension (ALS): This is a separate process handled by the Georgia Department of Driver Services (DDS) and focuses solely on your driving privileges. It's triggered by your arrest for DUI and can result in the suspension of your license, regardless of the outcome of your criminal case.

This guide focuses on the ALS process and the ALR hearing, which is your opportunity to fight the suspension of your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This is a non-negotiable deadline. Missing it means your license will automatically be suspended.

• Where to Request: You must request the hearing through the Georgia Department of Driver Services (DDS).

• How to Request: There are a few ways to request an ALR hearing:

• Online: Visit the Georgia DDS website (dds.georgia.gov - check for the most current link regarding ALR hearing requests as websites change). Look for the section on DUI or Administrative License Suspension. You should be able to submit a hearing request electronically.

• Mail: You can send a written request to the Georgia DDS. Include your full name, date of birth, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Send it certified mail, return receipt requested, to:

Check the DDS website for the most current mailing address for ALR hearing requests as addresses change. It is usually in the Atlanta area.

• Phone: While not the recommended method (due to lack of documentation), you may be able to inquire about the process by calling the DDS customer service line. Find the number on their website. Always follow up with a written request to ensure it's officially documented.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will automatically be suspended. The length of the suspension depends on whether you took the breath/blood test and your BAC level, or if you refused testing. Don't let this happen. Act immediately.

Automatic License Suspension

The Georgia DDS will automatically suspend your license under the following circumstances:

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended. The suspension period for a first offense is typically ** days.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid for 30 days or until the date your suspension begins (whichever comes first). This gives you time to request an ALR hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty. In Georgia, a refusal usually results in a ** 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 agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the DDS has sufficient grounds to suspend your driver's license.

• Separate from Criminal Court: The outcome of your ALR hearing does not determine your guilt or innocence in the criminal DUI case. You can lose your license at the ALR hearing even if you are later acquitted of the criminal charges.
• Decide if License Suspension is Warranted: The hearing officer will decide whether the arresting officer had probable cause to arrest you for DUI and whether your BAC was above the legal limit (if you took the test) or whether you refused to submit to testing.
• Lower Burden of Proof Than Criminal Trial: The standard of proof at an ALR hearing is lower than "beyond a reasonable doubt" required in a criminal trial. The DDS only needs to show that it's more likely than not that the facts support the suspension.

How to Prepare

Proper preparation is crucial to increasing your chances of successfully challenging the license suspension.

• Gather Evidence: Collect any evidence that supports your case. This may include:
• Witness statements
• Dashcam or bodycam footage from the arresting officer (request this immediately)
• Medical records
• Photos or videos that contradict the police report
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable. They understand the ALR hearing process, can gather evidence, and represent you effectively at the hearing. They can also negotiate with the DDS on your behalf.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the officer had probable cause to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your implied consent rights.
• Whether the breath/blood test was administered correctly.
• The accuracy of the breath/blood test results.
• Whether you actually refused the test (if that's the case).

Possible Outcomes

The hearing officer will make a decision based on the evidence presented at the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer finds that the DDS has sufficient grounds to suspend your license.
• Suspension Overturned: The hearing officer finds that the DDS does not have sufficient grounds to suspend your license, and your driving privileges are restored.
• Restricted/Hardship License Granted: The hearing officer may grant 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, you may be eligible for a limited driving permit, often called a hardship or restricted license, depending on the circumstances.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your prior driving record. Generally, you must demonstrate that you have no other means of transportation and that the suspension will cause undue hardship.
• What You Can Drive For: Typically, a restricted license allows you to drive to and from:
• Work
• School
• Medical appointments
• DUI Alcohol or Drug Use Risk Reduction Program (DUI school)
• Probation appointments
• Costs and Application Process: There is a fee to apply for a restricted license. The application process involves submitting documentation to the DDS demonstrating your eligibility and need for a restricted license. Check the DDS website for the most current fees and application requirements.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, 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

Even if your license is suspended, you can get it back eventually.

After Criminal Case Concludes

• Reinstatement Requirements: The reinstatement requirements vary depending on the length of the suspension and your prior driving record. Generally, you will need to:
• Pay a reinstatement fee
• Provide proof of completion of any required DUI school or alcohol/drug treatment program
• Provide proof of SR-22 insurance
• Fees: Reinstatement fees vary. Check the DDS website for the most current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DDS, verifying that you have the required minimum liability coverage. You will likely be required to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is typically required for license reinstatement after a DUI conviction. You may also be required to complete other alcohol/drug treatment programs as a condition of your probation or as ordered by the court.

Union DMV Offices

Due to Union County's small population, it is likely that residents will need to travel to a neighboring county to visit a full-service DDS office. Check the Georgia DDS website (dds.georgia.gov) for the most up-to-date list of locations and hours. You may find limited services available online or at a kiosk location closer to Union County.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, the IID program may be required to obtain a restricted license or as a condition of probation.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work purposes only. The eligibility requirements and restrictions are similar to those for a general hardship license.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): This program is mandatory for license reinstatement after a DUI conviction.

This guide provides general information about DUI license suspensions and ALR hearings in Union, Georgia. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and driving privileges.