Wilkinson County License Hearing Guide

Wilkinson DUI License Suspension & ALR Hearing

You've been arrested for DUI in Wilkinson County, Georgia. It's a stressful situation, and one of your immediate concerns is likely: "Will I lose my license?"

This guide provides critical information about the administrative side of your DUI case, specifically focusing on your driver's license and the Georgia Administrative License Suspension (ALS) process. It's crucial to understand that this is separate from the criminal DUI case against you. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through this administrative process.

Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Wilkinson County, the Georgia Department of Driver Services (DDS) can suspend your driver's license through an administrative process. However, you have a right to challenge this suspension at an Administrative License Revocation (ALR) hearing.

You MUST request this hearing within 15 DAYS of your arrest. This is a hard deadline. Missing it means your license will be automatically suspended.

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

How to Request: You can request the hearing online or by mail.

• Online: The fastest and most recommended method is through the DDS Online Services portal. You can find the link on the DDS website (www.dds.georgia.gov). You will need information from your DUI arrest paperwork, including your driver's license number and case number (if available).

• By Mail: While not recommended due to potential delays, you can mail a written request to:

Georgia Department of Driver Services P.O. Box 80447 Conyers, GA 30013

Your written request MUST include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current mailing address
• The date of your arrest
• The arresting officer's name and agency
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

The reason for the ALR hearing is the automatic suspension that's triggered by your DUI arrest. The length of the suspension depends on whether you took a breath or blood test and whether you failed or refused to take one.

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 for a period determined by Georgia law. This is typically a period of several months for a first offense. The exact length will be specified in the paperwork you received at the time of your arrest.

• Temporary Permit Valid Until Hearing or Suspension Begins: If you took the test and failed, you likely received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing, or, if you don't request a hearing, until the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test in Georgia carries a much harsher penalty than failing the test. Your license will be suspended for a significantly longer period (typically one year) for a first offense refusal.

• 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. Refusing to do so can result in the automatic suspension of your driver's license, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is held by the Georgia Department of Driver Services (DDS) to determine whether the suspension of your driver's license is warranted based on the circumstances of your arrest.

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 crucial for a successful ALR hearing. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (if available), photographs, or any documentation related to your arrest.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Georgia ALR hearings can be invaluable. They understand the legal process, can help you gather evidence, and can represent you at the hearing. They can also cross-examine witnesses and argue your case effectively.

• Understand What You Can Challenge: You can challenge various aspects of the arrest, 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 properly administered and the results are accurate.

• Whether you actually refused the test.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the DDS hearing officer finds sufficient evidence to support the suspension, your license will be suspended. The length of the suspension will depend on whether you failed or refused the test.

• Suspension Overturned: If the hearing officer finds that the DDS has not met its burden of proof, the suspension will be overturned, and 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, allowing you to drive for specific purposes (e.g., work, school, medical appointments).

Hardship/Restricted License in Georgia

Even with a suspended license, you may be eligible for a limited driving permit, also known as a hardship license, in Georgia. This allows you to drive for essential purposes.

• Eligibility Requirements: Generally, you must meet the following requirements:

• You must not have any prior DUI convictions within the past five years.

• You must not have refused to submit to chemical testing.

• You must enroll in and complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school).

• You may be required to install an ignition interlock device (IID) on your vehicle (see below).

• What You Can Drive For: A hardship license typically allows you to drive only for:

• Work

• School

• Medical appointments

• Attending court-ordered programs

• Costs and Application Process: The application process involves submitting an application to the DDS, providing proof of enrollment in DUI school, and paying a reinstatement fee. The exact costs and requirements may vary, so contact the DDS for the most up-to-date information.

• IID Requirement: In some cases, particularly for repeat offenders or those with high BAC levels, the DDS may require you to install an ignition interlock device (IID) on your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

After your suspension period is over and your criminal case has concluded, you will need to take steps to reinstate your driver's license.

• 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.

• Providing proof of SR-22 insurance (see below).

• Fees: Reinstatement fees vary, so check with the DDS for the current fee schedule.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the DDS by your insurance company. This indicates that you have the required liability insurance coverage.

• Classes/Programs That Must Be Completed: Completing a DUI Alcohol or Drug Use Risk Reduction Program (DUI school) is almost always required for license reinstatement after a DUI conviction. You may also be required to complete substance abuse treatment or attend other court-ordered programs.

Wilkinson DMV Offices

Unfortunately, Wilkinson County itself does not have a full-service DDS office. You will need to visit a DDS office in a neighboring county. Here are a few options (please verify hours before visiting as they can change):

• Milledgeville Customer Service Center: 195 Carl Vinson Rd, Milledgeville, GA 31061. (Baldwin County)
• Dublin Customer Service Center: 1514 Hillcrest Pkwy, Dublin, GA 31021. (Laurens County)

You can find the most up-to-date information on DDS office locations and hours on the DDS website (www.dds.georgia.gov).

Special Programs

• Ignition Interlock Device Program: As mentioned above, the DDS may require you to install an ignition interlock device (IID) on your vehicle as a condition of obtaining a hardship license or reinstating your license after a DUI conviction. The IID requires you to blow into a device before starting your car, and it will prevent the car from starting if it detects alcohol.

• Occupational License: This is another term for a hardship license, allowing you to drive for work-related purposes.

Disclaimer: This guide provides general information about Georgia DUI laws and the ALR process. It is not intended as legal advice. You should consult with a qualified DUI attorney for advice specific to your situation. The laws and procedures related to DUI and license suspension are subject to change. Always verify information with the Georgia Department of Driver Services (DDS) and legal professionals.