Walker County License Hearing Guide

Walker DUI License Suspension & ALR Hearing: Save Your License!

Being arrested for DUI in Walker, Georgia, can be a frightening experience. Beyond the criminal charges, you face the very real possibility of losing your driver's license. It's crucial to understand that there are two separate legal processes happening: the criminal case and an administrative license suspension. This guide focuses on the administrative side, specifically how to fight a license suspension through an Administrative License Revocation (ALR) hearing. Time is of the essence! The decisions you make in the next few days can drastically impact your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 15 Days!

This is the single most important thing you need to understand. You have only 15 days from the date of your DUI arrest in Walker County to request an Administrative License Revocation (ALR) hearing. This hearing is your chance to challenge the suspension of your driver's license before it automatically goes into effect.

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

How to Request: In Georgia, you can request the ALR hearing online, by mail, or in person.

• Online: Visit the Georgia DDS website (dds.georgia.gov) and look for the section on Administrative License Suspension. You will likely need information from your DUI arrest paperwork.
• By Mail: Send a written request for a hearing to the address provided on your DUI arrest paperwork. Make sure to send it certified mail with return receipt requested so you have proof of timely submission. Include your full name, date of birth, driver's license number, and the date of your arrest.
• In Person: You may be able to request the hearing in person at a Georgia DDS office. Check the DDS website for locations and hours.

What Happens If You Miss the Deadline? If you fail to request an ALR hearing within 15 days, your Georgia driver's license will be automatically suspended. This suspension will begin 30 days after your arrest, and you will lose your driving privileges. Do not let this happen! Even if you plan to plead guilty to the DUI, fighting the administrative suspension can be beneficial.

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension may still occur, depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be suspended.

• BAC over 0.08: Your license will be suspended for [Specific suspension period for failed test in GA - typically 1 year but can vary based on prior offenses].
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is typically valid for 30 days or until the date of your ALR hearing, whichever comes first. If you don't request a hearing, the temporary permit expires after 30 days, and the full suspension begins.

If You Refused Testing

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 (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries significant penalties.

• Refusal Penalty: Refusing to take a breath, blood, or urine test results in a longer license suspension. The suspension period for a refusal is [Specific suspension period for refusal in GA - typically 1 year but can vary based on prior offenses].
• Implied Consent Law in Georgia: Georgia's implied consent law means law enforcement only needs probable cause to believe you were driving under the influence to request a chemical test. Refusal to take the test triggers the administrative suspension process.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. It is an administrative proceeding conducted by the Georgia DDS.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether your license should be suspended based on the circumstances of your 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 by a preponderance of the evidence (more likely than not) that the suspension is justified.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam footage (if available)
• Medical records
• Evidence challenging the accuracy of the breathalyzer test
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Walker County can be invaluable. They understand the ALR hearing process, can gather evidence on your behalf, and can represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you
• Whether the officer properly administered the breathalyzer test
• Whether you were properly informed of your implied consent rights
• Whether the BAC results were accurate

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The DDS hearing officer finds that the suspension is warranted, and your license remains suspended.
• Suspension Overturned: The hearing officer finds that the suspension is not warranted, 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, allowing you to drive for limited purposes (e.g., work, school, medical appointments).

Hardship/Restricted License in Georgia

If your license is suspended, you might be eligible for a limited driving permit, often called a hardship or restricted license, in Georgia.

• Eligibility Requirements: Georgia has specific requirements for obtaining a limited driving permit after a DUI suspension. These requirements vary depending on factors such as whether you refused testing and whether you have prior DUI convictions.
• What You Can Drive For: A limited driving permit typically restricts you to driving for essential purposes, such as:
• Traveling to and from work
• Attending school or educational programs
• Seeking medical treatment
• Attending court-ordered programs
• Costs and Application Process: Applying for a limited driving permit involves submitting an application to the Georgia DDS and paying a fee. You will likely need to provide documentation supporting your need for a limited permit (e.g., a letter from your employer).
• IID Requirement: In some cases, Georgia may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a limited driving permit. An IID is a device that prevents you from starting your car if you have alcohol on your breath.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Even if you win your ALR hearing, you still need to address the criminal charges. The outcome of your criminal case can further affect your license.

• Reinstatement Requirements: To reinstate your license after the suspension period, you will likely need to:
• Pay a reinstatement fee to the Georgia DDS
• Provide proof of completion of any required DUI Alcohol or Drug Use Risk Reduction Program (DUI school).
• Provide proof of SR-22 insurance (see below)
• Fees: Reinstatement fees vary and are subject to change. Check the Georgia DDS website for current fee schedules.
• SR-22 Insurance Requirement: Georgia often requires drivers convicted of DUI to obtain SR-22 insurance. An SR-22 is a certificate of financial responsibility that your insurance company files with the DDS, proving that you have the minimum required liability insurance.
• Classes/Programs That Must Be Completed: As mentioned above, completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required for license reinstatement after a DUI conviction in Georgia.

Walker DMV Offices

Unfortunately, Walker County does not have a dedicated DDS office. Here are the closest DDS locations to Walker County. It is best to call ahead to confirm hours and services offered.

• Rome Customer Service Center

• 402 Civic Center Drive Rome, GA 30161

• Phone: 678-413-8400

• Hours: Check DDS website for current hours

• Dalton Customer Service Center

• 650 College Drive Dalton, GA 30720

• Phone: 678-413-8400

• Hours: Check DDS website for current hours

Important: Always verify hours and services directly with the DDS before visiting.

Special Programs

• Ignition Interlock Device Program: Georgia's IID program allows certain DUI offenders to install an ignition interlock device in their vehicle to regain driving privileges sooner.
• Occupational License: Georgia uses the term "limited driving permit" rather than "occupational license" as described above.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Walker, Georgia. It is not legal advice. You should consult with a qualified DUI attorney in Walker County for advice specific to your situation. Remember the 15-day deadline! Act now to protect your driving privileges.