Two common reasons may lead you to lose your license while in Georgia. The first is a DUI conviction, and the second is an automatic license suspension, often as a result of refusing Georgia’s breathalyzer test.
A Georgia DDS hearing is an opportunity for you to contest the suspension of your license and to present evidence that may show that the assessment was incorrect. If you have been charged with a DUI in Georgia, this type of hearing is crucial because it may be the only opportunity to challenge the accusation before losing your license.
At Moffitt Law, LLC, we can represent you when you face charges that could affect your driving privileges in Georgia.
When Should You Request A Hearing For A Suspended License?
If you are facing a suspension of your license in Georgia, you should consider requesting a hearing as soon as possible. If you fail to request the hearing within 30 days of receiving notice of the suspension, your license will be automatically suspended without further action.
How Do You Request An ALS Hearing?
You can request an ALS hearing by filing a Request for Administrative Review, available through the Georgia DMV or on their website. This form will have to be completed and submitted within ten days of receiving your notice of suspension. You’ll also be required to submit any documents that suggest your innocence. These could include police reports, witness statements, or medical records.
Once you’ve submitted your request for an ALS hearing and evidence, a DMV hearing officer will review your case and determine whether there is enough evidence to warrant a hearing. It will take approximately 1-2 months for the DMV to review your case and notify you of a hearing date.
What Do You Need To Request An ALS Hearing?
During the DUI arrest, you will likely receive a form 1205 from the arresting officer. Form 1205 indicates the suspension of your license. It lists your rights and responsibilities, including your right to request an ALS hearing. If you want to fight the license suspension, you must get form 1206 from the Georgia DMV, complete it, and return it to the DMV within ten days of receiving form 1205.
You will need to submit it with payment for a $150 fee, a copy of the police report and your driver’s license. If you do not have a copy of the police report, you can ask for it by calling the department that arrested you.
The hearing will be within 30 days of receiving notice from the DMV. If you do not receive notice, you should call the DMV to find out the hearing date.
What Happens At The Georgia ALS Hearing?
The DDS hearing will occur in front of a DDS officer approximately 30–90 days after the DMV issues a notice of suspension.
This hearing officer will review your case, including any evidence you have submitted, and decide whether to uphold or reverse the revocation of your license. The officer can reinstate your license in full, and no further penalties will exist.
The DMV hearing officer may also issue a probationary license requiring you to install an interlock device on your vehicle, attend alcohol education classes, or perform community service. If your case goes to court, you can still request an administrative hearing with the DMV before trial.
What Happens if You Let the Timeframe Pass
If you fail to request a hearing within the allotted period, your driver’s license will be revoked until you meet all of the requirements for reinstatement. You may still be able to get your license back by requesting an administrative hearing, but the process will take longer and be more complicated.
What Defenses Could Your Attorney Raise at an ALS Hearing?
Your attorney may be able to raise any of the following defenses at your DMV license hearing:
- The officer did not have probable cause for the stop.
- The officer did not follow proper procedure during the traffic stop, like reading your Miranda rights.
- The officer was not in uniform.
For Help With Georgia ALS Hearings, Contact Our DUI Defense Lawyer
Remember that an ALS Hearing allows drivers to avoid losing their driving privileges after being charged with DUI.
When charged with a DUI, it’s essential to understand your rights and legal options. At Moffitt Law LLC, we do everything possible to protect our client’s rights.
Contact us today for a free consultation!
DUI Defense FAQs
What should I do if pulled over for a DUI?
Remaining calm and respectful if an officer pulls you over for a DUI is vital. It would be best if you were not aggressive with the officer, obey commands to get out of the vehicle, and remain silent.
Can I refuse to take a breathalyzer test?
If you refuse to take a breathalyzer test, the police officer will issue you a temporary license suspension and may charge you with violating your state’s implied consent laws. If you are convicted of DUI, the judge may also require that you have an interlock device installed in your car for up to one year after the reinstatement of your driving privileges.
What is an interlock device?
An interlock device is a breathalyzer connected to your car’s ignition. You must breathe into the device before you start your vehicle, and it will prevent you from driving if your blood alcohol level is above the limit set by the court.