DUI Defense Lawyer in Atlanta

Are you in need of legal aid for an ALS hearing?

After you have been arrested and charged with a DUI offense, you have 10 days to schedule a hearing at which you can fight to avoid having your license suspended. The request for a hearing must be in writing and must be received within the 10 day window. Usually, most individuals do not have any idea how they would handle such a hearing. They just become apathetic and let the case take its course. When you do not schedule the hearing and plead guilty to the charge, you will have your driver’s license suspended for a period of time. The length of time of the suspension is based on certain factors, such as any prior DUI convictions.

In a first DUI offense in which no accident or injury occurred, the driver’s license suspension will be for 1 year, although you may be able to get a restricted license after one month. If you are charged with refusing a breath, blood, or urine test you will be suspended for a year with no ability to get a limited permit (restricted license). You will be facing a "hard suspension" of your drivers license. If your license is suspended, you have a right to appeal this decision. An Atlanta DUI lawyer can request an ALS hearing and represent you at that hearing, presenting evidence on your behalf.

Fulton County DUI Attorney

There are several legal issues that are determined at the ALS Hearing. The decision to suspend or save the drivers license is based upon many factors, such as:

Whether the arresting officer had reasonable grounds to believe that you were actually controlling a vehicle or driving while under the influence of alcohol or drugs;
Whether there was any accident resulting in serious injury or fatality at the time of the incident
Whether the individual was advised of his/her implied consent rights and what the consequences are if you refuse to be tested for blood alcohol concentration (BAC)
Whether you refused the BAC (breath) test and the consequences therein
Whether the BAC test registered at .08% or above if an adult, .02% or above if under 21 years old, or .04% or above if the holder of a commercial driver’s license
Whether the tests were administered correctly by a qualified person, and whether you were advised of your right to an independent test by a qualified person of your own choosing.

Based on these issues, the determination will be made regarding your driver’s license suspension. The DUI defense lawyer will provide evidence that could show that there was not reasonable grounds to arrest you. In addition, there are a variety of other defense actions that could assist in making it possible for you to keep your drivers license. Even if you lose the hearing, you have the right to appeal the decision.

Contact an Atlanta DUI attorney from the firm to assist you with your ALS hearing and to fight to avoid driver’s license suspension.