Ware County License Hearing Guide

Ware DUI License Suspension & ALR Hearing

A DUI arrest in Ware, Georgia, can be a frightening experience. Beyond the criminal charges, you face the immediate threat of losing your driving privileges. Understanding the process and acting quickly is crucial to protecting your license. This guide provides essential information about license suspensions and the Administrative License Revocation (ALR) hearing process in Ware, Georgia, following a DUI arrest.

It's important to understand that there are two separate legal processes at play:

• Criminal Court: This handles the criminal charges related to your DUI arrest.
• Administrative License Revocation (ALR) Hearing: This is an administrative process managed by the Georgia Department of Driver Services (DDS), and it determines whether your driver's license will be suspended.

This guide focuses on the ALR hearing and the administrative process, which is time-sensitive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Ware, you have an extremely limited time to act to potentially save your driver's license. You must request an Administrative License Revocation (ALR) hearing within 15 calendar days of your arrest. This deadline is strictly enforced.

Where to Request:

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

How to Request:

You can request the hearing through one of the following methods:

• Online: The DDS website (dds.georgia.gov) usually has a portal for requesting ALR hearings. This is often the fastest and most efficient method.
• Mail: You can send a written request to the DDS. Ensure you send it via certified mail with return receipt requested to prove you sent it within the 15-day deadline. Address your request to:

Georgia Department of Driver Services

• Phone: Contacting the DDS by phone may be an option, but it's strongly recommended to use the online portal or mail a request to ensure proper documentation and proof of timely submission.

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 automatically be suspended. There are very few exceptions to this rule, so it's vital to act quickly. Don't delay! Consult with a DUI attorney immediately to ensure the request is filed correctly and on time.

Automatic License Suspension

Your driver's license is subject to automatic suspension under certain circumstances following a DUI arrest in Georgia. These circumstances depend on whether you submitted to chemical testing (breath, blood, or urine) and the results of that testing, or if you refused to submit to testing.

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 [Suspension Period - To be updated with Georgia-specific suspension period for first offense].
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

Refusing to submit to chemical testing carries significant penalties in Georgia.

• Refusal Penalty: If you refused to take a breath, blood, or urine test, your license will be suspended for [Longer Suspension Period - To be updated with Georgia-specific suspension period for refusal]. This suspension is often longer than a suspension for failing a test.
• Implied Consent Law in Georgia: Georgia, like most states, has an implied consent law. This law states that by driving on Georgia roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in automatic license suspension.

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: The ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not necessarily determine the outcome of your criminal case, and vice-versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Department of Driver Services (DDS) has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof than Criminal Trial: The DDS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam footage
• Medical records
• Photographs
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Georgia law can significantly improve your chances of winning your ALR hearing. They can:
• Advise you on your rights and options
• Gather and present evidence
• Cross-examine witnesses
• Represent you at the hearing
• Understand What You Can Challenge: You can challenge several aspects of the case, 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 you were properly informed of your implied consent rights

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The DDS finds sufficient evidence to suspend your license.
• Suspension Overturned: The DDS does not find sufficient evidence, and your license is reinstated.
• Restricted/Hardship License Granted: 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

Even if your license is suspended, you may be eligible for a hardship or restricted license in Georgia.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case. Generally, you must demonstrate a need to drive for essential purposes.
• What You Can Drive For: A restricted license typically allows you to drive only for:
• Work
• School
• Medical appointments
• Alcohol and Drug Treatment
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the DDS and potentially attending a hearing.
• IID Requirement: In some cases, a hardship license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must fulfill all requirements imposed by the court and the DDS, which may include:
• Paying reinstatement fees
• Completing DUI school
• Completing community service
• Fees: Reinstatement fees vary depending on the length of the suspension and other factors.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs that must be completed: DUI school or other alcohol/drug education programs are often mandatory for license reinstatement.

Ware DMV Offices

, [Phone Number], [Hours of Operation] ]

Special Programs

• Ignition Interlock Device (IID) Program: The IID program allows individuals to drive with a device that prevents the vehicle from starting if alcohol is detected on their breath.
• Occupational License: This type of license allows driving for specific job-related purposes under certain restrictions.

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This guide provides general information and should not be considered legal advice. It is highly recommended that you consult with a qualified DUI attorney in Ware, Georgia, to discuss your specific situation and protect your rights. The information in this guide is subject to change. Always verify information with the Georgia DDS and your attorney.