Administrative License Suspension in Atlanta
After a driver is arrested for driving under the influence of drugs or alcohol in Atlanta, they will face both criminal charges and administrative penalties. These are separate processes, and must be handled differently. Both the administrative process and the criminal process must be addressed, and treated very seriously, because both have separate but serious consequences. Most drivers only think about the criminal charges, and ignore the administrative penalty, and find themselves with a suspended license, even if they successfully win the criminal hearing.
In order to keep your license to drive in Georgia, you will have to fight the administrative license suspension (ALS). An administrative ALS hearing is not automatically granted, it must be formally requested in writing. If no hearing is requested within the short timeframe of 30 days, then license suspension is automatic. A first DUI will result in an automatic suspended license for one year. If you want to fight the automatic suspension, contact a local Atlanta lawyer who exclusively handles DUI cases. An Atlanta DUI defense lawyer will be able to secure an ALS hearing and defend you before the ALS hearing, and the criminal hearing.
Notice of ALS Hearing
Most drivers may not be aware that they have even been given notice of the requirement to request an ALS hearing or lose their license. This is because the forms which notify a driver of the ALS suspension can be confusing. After a DUI arrest, the arresting officer will usually give a yellow copy of a form to the driver. This form is known as DS 1205, which should be in the bottom left hand corner of the form.
Form DS 1205 contains a variety of information including incident data, driver data, sworn report, arresting officer data, and test data, and acts as the driver's temporary driving permit after their license is taken by the arresting officer. The form also serves as the official notice of intent to suspend. About two-thirds of the way down the form, it reads “OFFICIAL NOTICE OF INTENT TO SUSPEND.”
The notice says the driver's suspension will begin at midnight on the 30th day following the date of arrest. Most drivers think they have 30 days to challenge the license suspension, but in fact they only have 30 days to request a hearing. The hearing procedures to challenge automatic suspension are on the reverse side of the driver's copy.
According to hearing procedures, a request for a hearing must be made in writing and postmarked within thirty days of the date of arrest. If the request is not made within 30 days, the right to a hearing is waived, and the suspension will take place automatically.
Atlanta DUI and ALS Defense Lawyer
If you were arrested for driving under the influence in Atlanta, your license will be suspended unless you act within 30 days from the date of your arrest. The loss of your license means no driving, or limited driving which can affect your job, schooling, and your personal life. Call me today, so we can immediately file a 30-day hearing letter, to stop the automatic suspension. We will discuss what happened in your case, and how we will fight to keep your Georgia driver's license and defend your rights in court.