Don’t Ignore DMV Hearings After A DUI Arrest in Atlanta Georgia

Don’t Ignore DMV Hearings After A DUI Arrest in Atlanta Georgia

After an arrest for DUI in Georgia, an administrative law judge with the Office of State Administrative Hearings will hold a hearing known as an Administrative License Suspension Hearing or Driver Discipline and Suspension (ALS/DDS case) to decide whether you retain your license. It’s essential to have an Atlanta DUI lawyer present for this hearing to protect your interests and ensure a favorable outcome.

This action stands on its own as distinct from criminal court proceedings.

Administrative License Suspension

After an arrest for DUI, officers will provide you with a yellow DDS Form 1205. This form serves as notice of your right to an administrative license suspension hearing; if no hearing request is submitted within 30 days from receiving it, your driver’s license may automatically be suspended/disqualified on the 40th day following your arrest.

An Administrative License Suspension (ALS) lawsuit is brought by the Department of Driver Services against you to suspend your driver’s license for failing or refusing a state-administered chemical test for alcohol or drugs, taking a breath or blood sample, or any combination thereof. An ALS may sometimes be resolved before your criminal DUI case concludes; however this is not always guaranteed.

At an Administrative Law Judge hearing (ALS hearing), an administrative law judge will review your evidence and decide if your license should be suspended or not. Your lawyer can be present during this process to help defend against being suspended; at this hearing, an officer will present evidence suggesting you were driving under the influence of alcohol or drugs while your legal team will use various strategies to cast doubt on the DPS case against you.

Your outcome at an Administrative License Suspension hearing (ALS) does not impact on any pending criminal DUI case, but could impact DDS suspension proceedings related to your blood alcohol concentration (BAC) level or refusal of testing. If successful at winning your ALS hearing, your license and driving privileges could be reinstated after its success.

If your ALS is taken away, an reinstatement fee of $125 must be paid and your driver’s license suspended until this fine has been paid and any criminal DUI charges against you have either been dismissed or resolved through conviction or not guilty verdicts.

If you are facing administrative license suspension due to DUI charges in Georgia, an experienced Georgia DUI lawyer could potentially help fight against it successfully in order to have the suspension lifted or dismissed altogether.

Ignition Interlock

DUI offenders in Georgia may be able to avoid suspension by agreeing to install an ignition interlock device. These devices detect alcohol by having drivers blow into a sensor on their vehicle and recording readings from this blow, then require another breath sample within certain time period in order to continue driving. Service and calibration fees will apply, although you may be exempt if you can demonstrate to the court that your medical condition prevents you from meeting these requirements; alternatively you could argue this in court as evidence against you and get an exemption.

At the DMV hearing, having legal help will allow you to contest this administrative license suspension more successfully. These proceedings differ significantly from criminal trials as they take place in an informal atmosphere within a small office; an examiner will make their determination regarding what occurs with your case – not whether or not there was any DUI violation; only their decision on the administrative license suspension issue will matter.

Your attorney can present evidence and testimony to prove that there was no probable cause for the DUI arrest, challenge the results of your blood or urine test to demonstrate its inaccuracy, and assert that you did not commit the DUI offense and are no threat to society.

Immediately upon being arrested for DUI in Georgia, it is vitally important that you contact a DUI defense attorney immediately. Under Georgia’s new implied consent laws, limited permit options exist which allow drivers to waive their right to refuse an ALS suspension hearing in exchange for installing an IID in all vehicles they drive while remaining compliant with any restrictions placed upon them. Your Atlanta DUI lawyer can explain this alternative option and the requirements necessary in order to qualify for its waiver.

Court Dates

Police officers arresting someone for DUI in Atlanta will issue them a DDS 1205 form that details their impending suspension of driving privileges and gives them 30 days to request an Administrative Law Court (ALS) hearing from the Department of Driver Services. We typically can secure a temporary license for our drivers until their hearing. Winning an ALS hearing is of critical importance to drivers who wish to keep their license, as it will determine whether a judge decides whether or not their license should be suspended. At these hearings, vital defense strategies such as challenging the officer’s lack of probable cause can be employed; such defenses might include challenging whether there was probable cause to pull someone over in the first place.

First appearance (Arraignment). The City of Atlanta courts prioritize quickly getting people into court, informing them about the process, and moving their cases along efficiently; unfortunately this does not always work in favor of individuals arrested for DUI given their limited time frame to secure representation and attend their arraignments.

About two weeks following your arraignment, there will be a status hearing (or inquiry hearing). At this hearing, the presiding judge checks in with attorneys prosecuting your case to see if all evidence collected at the scene, including test results and video footage from officers’ cars has been received by them. Your attorney will attend this hearing for you; no need for you to attend yourself.

At your status hearing, we will begin discussions of any plea agreements with the City Prosecutor regarding your Atlanta DUI case. Since your criminal DUI charges will be litigated separately from license suspension actions initiated through the Department of Driver Services, entering a guilty plea may often allow us to negotiate a reduction to non-DUI offense charges from our negotiations with them.

Contact an Attorney

When arrested for DUI, your Miranda Rights will be explained to you, including the right to remain silent and retain an attorney. It is vital that you exercise these rights, since any statement to law enforcement officials could potentially be used against you in court proceedings. Hiring an Atlanta DUI lawyer will help prevent you from making incriminating statements to law enforcement officials; also they can review your case, advise on legal options available to you and assist during hearing processes.

An administrative DMV hearing differs significantly from criminal court. Because the standard of proof in these proceedings is much lower – an officer only needs to present enough evidence that you were driving while impaired by alcohol or drugs, not just your blood alcohol concentration (BAC) alone. Other considerations will also be taken into account such as poor driving or how well you performed on field sobriety tests. A skilled attorney will work with you to create a solid defense for a DMV hearing which could save your license from suspension and reduce penalties associated with DUI conviction.

Your suspension hearing could take place either in person or over the phone and will be administered by a DMV hearing officer. A point-related suspension, for instance, might only involve having your record reviewed to check for errors; while DUI proceedings typically involve meeting with one of DMV Driver Safety Office’s hearing officers who don’t possess legal expertise.

A good DUI lawyer is capable of using any evidence showing police violations to your rights at the DMV hearing to your benefit in court. This usually involves showing that officers had insufficient probable cause to stop you; did not perform roadside evaluations correctly or at all; and/or had limited knowledge of Georgia DUI laws. They will also understand how to defend you from statements which could be seen as admissions of guilt such as mention of parties attended or alcohol consumption in the past.