The administrative license suspension hearing is a critical part of your Georgia DUI case. You only have 30 days to save your driver's license from an automatic one-year suspension. If you do nothing within the 30-day period, you lose your opportunity to challenge the administrative suspension of your license.
An experienced Georgia DUI attorney can help you understand and challenge your DUI charges. It is in your best interest to have an attorney protect your rights.
Requesting an Administrative License Suspension Hearing
A Georgia law enforcement officer can submit a petition to the Department of Driver Services (DDS) to suspend your driver's license. Under the Georgia implied consent statute, the officer is required to read you the consent notice to advise you of your rights and obligations as a Georgia driver.
If you refuse a request for a sample of your breath, urine, or blood, stay silent as to the request, or your sample is above the legal limit of 0.08% BAC, you will be subject to the ALS process. The arresting officer must issue you a DS-1205 form which lists the reason(s) for your license suspension. The form is a temporary driving permit, a license suspension, and it informs you of your right to appeal the suspension of your driver's license within 30 days.
Your request for a hearing must include the $150.00 filing fee, your name, address, phone number, license number, and date of birth. The request must also state the grounds for your appeal. Understanding the proper grounds or reasons for your appeal differ depending on the factual circumstances of your case. A Georgia DUI attorney is the best person to help you appeal your administrative license suspension.
What Will Happen at my Hearing?
At your hearing, your attorney can argue against the grounds of your arrest. Specific requirements are imposed on Georgia police officers during traffic stops and DUI checkpoints which, if violated, may constitute grounds for reduction of your charges or even dismissal of your case. Further, failure by law enforcement to follow the letter of the law can result in your chemical test (breath, blood, or urine) to be inadmissible against you in court.
A successful challenge to your administrative license suspension protects your privilege to drive while in Georgia. Certain defenses can protect your rights. For instance, depending on the answers to the following sample of questions, you may have a valid defense.
- Was there improper recitation of the implied consent warning?
- Did the arresting officer make statements that contradict the implied consent warning?
- Was the DUI checkpoint constitutional?
- If you were driving under your Commercial Driver's License (CDL) privileges, was the correct consent notice read to you?
- If requested, was your right to an independent test violated?
- Did the officer correctly administer the roadside tests?
- Was evidence obtained in violation of the Fourth Amendment to the United States Constitution?
Any one or more of these defenses can be used to challenge your administrative license suspension. Your Georgia DUI attorney knows the law and the correct questions to ask your arresting officer at the ALS hearing.
Remember, you only have 30 days to protect your right to drive in Georgia. Contact us today for a free consultation about your case.