Following a DUI arrest or the refusal to take a breath or blood test in Georgia, you will have your driver's license suspended until the court hearing. However, you have the right to file an appeal with the Georgia Department of Driver Services (DDS) about your license suspension. The appeal will allow you and your attorney to go to a DDS hearing with the arresting officer and plead your case against license suspension.
Proving Statutory Factors in DDS Hearings
Within 30 calendar days of receiving DDS Form 1205 from the arresting officer, you must submit this form with a $150 surcharge to request the administrative hearing. The administrative hearing is only to determine the initial license suspension, not to make a ruling on the criminal DUI charge.
At this hearing, a judge will determine if certain statutory factors were met. The arresting officer will testify first in order to establish that these factors were actually met. Your attorney will be able to cross-examine the officer to show that the necessary statutory factors were not present.
The arresting officer must show that:
- There was reason to believe that you were driving a vehicle while under the influence and were lawfully placed under arrest; or
- There was an accident as a result of you driving under the influence; and
- The arresting officer informed you of Informed Consent laws and the penalties for refusing to a BAC test; and
- You refused the test or were given a test with results above the legal limit; and
- The tests administered were done so legally, handled by the correct individuals, and the machine used was in good working order.
Once these issues have been addressed in the court, the administrative judge will make a decision within five business days. Your driver's license can be reinstated or suspended at this point.
Our Atlanta DUI lawyers at the Willis Law Firm know that keeping your license is important. We have the best track record of any DUI defense firm in the state of Georgia, and we can advocate for you at your DDS hearing. Don't wait another moment; contact us today to schedule a free case evaluation with our experienced team!