Making Your Own 30-Day Letter Request
If you or a loved one has been arrested for driving under the influence in Georgia, you will not only have to fight criminal charges, but you will also have to fight administrative license suspension (ALS) if you do not want to lose your driver's license. You can fight both these charges on your own, but for many reasons, you may not want to risk losing your license, jail time, fines and fees without at least consulting an experienced DUI defense lawyer in Atlanta.
Look carefully at the form provided by the arresting officer which acts as your temporary driver's license. Whether Atlanta Police Department or Georgia State Patrol, in most cases, the arresting officer will confiscate your Georgia Driver's License, and hand you a yellow copy of Department of Driver Services form DS 1205. Form DS 1205 has a lot of information on the front and back, and the most important part that affects your drivers license is the notice of suspension, and the ALS hearing procedures.
Notice of Suspension and Hearing Procedures
Form DS 1205 is a notice that your driver's license will be suspended after 30 days. Your license will be suspended for a year, or longer for multiple DUIs. The only way to prevent an automatic suspension is by requesting a hearing, which is detailed on the back of the form.
Timing is the first hurdle you have to overcome if handling your own ALS hearing. A hearing must be requested in writing, and postmarked within thirty days of the date of arrest. You cannot request the hearing in 31 days or 40 days, and DDS is not interested in hearing that you were too busy to request a hearing in time, or that you didn't read the back of the form in time to file a hearing request. If the hearing is not requested in thirty days, you are considered to have waived the hearing, and your license will automatically be suspended on the 46th day after arrest. Speak with an experienced Atlanta DUI defense lawyer to make sure your request is filed in time, and all other timely defenses are available.
As part of the ALS hearing request, you must provided the following information:
- full name
- current address
- full driver's license number
- date of birth
- phone number
- name and address of all interested parties who may testify
- a clear statement of the facts contesting the suspension
- a statement setting forth the relief sought
Additionally, the hearing request must include your lawyer's name, address and phone number. However, if you contact a professional DUI defense lawyer, they will handle the 30 day letter request for you, and represent you during the ALS hearing.
Atlanta ALS Hearing Request Lawyer
If you or a loved one have been arrested for a DUI in Atlanta, your license will be suspended or revoked, unless you request a hearing within 30 days from the date of your arrest. Call me today, so we can discuss what happened in your case, and how you can request an ALS hearing, on your own or with a skilled DUI defense lawyer to stand up for your rights.