Wheeler County License Hearing Guide

Wheeler DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Wheeler, Georgia can be devastating. It can impact your ability to get to work, school, and take care of your family. This guide provides critical information about the administrative license suspension process, the ALR hearing, and how to potentially save your driving privileges. It’s important to understand that there are two separate legal processes you’ll be facing: a criminal case in court, and an administrative process with the Georgia Department of Driver Services (DDS) regarding your driver’s license. This guide focuses on the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic suspension!

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 in one of several ways:

• Online: The fastest and most reliable method is usually online through the DDS website. Look for a section related to DUI or license suspensions.
• Phone: You can call the DDS customer service line to inquire about requesting a hearing. Be prepared for potential wait times.
• Mail: You can send a written request to the DDS. However, given the tight deadline, this is the riskiest method. If mailing, send it certified mail with return receipt requested so you have proof of timely submission.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath or blood test and, if so, what the results were, or if you refused to take the test. Don’t let this happen! Act immediately.

Automatic License Suspension

Even before your criminal case is resolved, your license may be automatically suspended through the administrative process.

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 will vary depending on whether this is your first DUI offense.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is typically valid until your ALR hearing date, or until 30 days from the date of arrest if no hearing is requested or if the hearing is unfavorable.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Georgia, a refusal typically results in a longer license suspension.
• Implied Consent Law in Georgia: Georgia, like all 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. Refusal to submit to testing can result in a license suspension even if you are not convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your chance to fight the administrative suspension of your driver's license.

What It Is

• Separate from Criminal Court: It's crucial to understand that the ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not 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 proper procedures were followed during the arrest and testing process.
• Lower Burden of Proof Than Criminal Trial: 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

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam video, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can be invaluable. They can help you understand your rights, gather evidence, and present your case effectively. They know the specific challenges in Wheeler County and can navigate the process.
• 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 advised you of your implied consent rights.
• Whether the breath or blood test was administered correctly.
• Whether the testing equipment was properly calibrated.

Possible Outcomes

• Suspension Upheld: If the hearing officer rules against you, your license suspension will go into effect.
• Suspension Overturned: If the hearing officer rules in your favor, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Georgia

A hardship or restricted license allows you to drive under specific circumstances, such as for work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your DUI arrest and your driving record. Generally, you must demonstrate a genuine need to drive.
• What You Can Drive For: Typically, a restricted license allows you to drive to and from work, school, medical appointments, and DUI education programs.
• Costs and Application Process: Applying for a restricted license involves paying a fee and submitting an application to the DDS.
• IID Requirement: In some cases, the DDS may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period is over, you must meet certain requirements to reinstate your license.
• Fees: You will need to pay a reinstatement fee to the DDS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: You will likely need to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) before your license can be reinstated.

Wheeler DMV Offices

Since Wheeler County has no incorporated cities, you will likely need to travel to a neighboring county to visit a DDS office. Here are some of the closest options. Please verify hours and services offered before visiting, as they may change.

• DDS Dublin Customer Service Center: 1691 US-80, Dublin, GA 31021 (Laurens County)
• DDS Vidalia Customer Service Center: 1405 E 1st St, Vidalia, GA 30474 (Toombs County)

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals with suspended licenses to drive with a device that prevents the vehicle from starting if alcohol is detected on their breath.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for work-related purposes.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): This is a mandatory program for individuals convicted of DUI in Georgia.

This guide is intended for informational purposes only and does not constitute legal advice. If you have been arrested for DUI in Wheeler, Georgia, it is crucial to consult with a qualified DUI attorney immediately to protect your rights and your driving privileges. Remember, the 15-day deadline is critical!