After a DUI arrest, you have only 10 days in which to take action to avoid suspension of your driver's license. Your license could be suspended even before you have even had the opportunity to defend yourself in court. This automatic license suspension is a completely separate issue than you're the court proceedings after a DUI charge. You can request a hearing with the DMV to challenge the suspension, but you have only 10 days in which to do so, and a filing fee must accompany the letter requesting a hearing or the suspension will occur. The DMV hearing must be scheduled at immediately if you are facing DUI charges, and it is advised that you get assistance from a lawyer from The Law Offices of Richard S. Lawson to assist you.
Automatic Driver's License Suspension
There are several types of charges that will result in an automatic driver's license suspension, including refusing the blood or breath test, refusal, when an underage driver (under 21) has registered at .02 or higher BAC (blood alcohol concentration), and when commercial driver's register at .04 or higher BAC, or other driver registers at .08 BAC or higher. A form is filed (DPS form) with the DMV that begins the process of license suspension. You are responsible for requesting a hearing to dispute this suspension, and if you fail to do so, you will automatically lose your legal right to drive for up to one year.
You have only ten business days (including only Monday to Friday) in which to request a hearing to take action to retain your driver's license after a DUI charge. At the firm, the Atlanta DUI lawyer can assist you by requesting the hearing as well as representing you at the hearing. Even if you are acquitted at trial, you will need to ensure you get your license reinstated. The firm can assist in all of these situations and has a great deal of experience representing clients at DMV hearings.
How to Fight License Suspension
As a former DUI prosecutor, our founding attorney knows exactly what it takes to fight a license suspension and the criminal charges in DUI cases. Take advantage of our experience and knowledge. There are specific circumstances that could allow you to successfully avoid suspension of your driver's license. Each case is unique in all evidence, including how the arrest was made, whether the police officer followed the rules with regard to the initial police stop, the testing, and the arrest. There could be serious errors in some aspect of your case, and you may get off or have your charges dismissed, but your license suspension is a completely separate matter that must be handled correctly if you hope to retain your legal right to drive. The firm can help. 100% of the practice is focused on DUI defense, including addressing a license suspension.
Contact our Atlanta DUI attorneys for your DMV hearing!
In the state of Georgia, administrative license hearings are handled by the DDS (Department of Driver Services). In many other states, this is referred to as a DMV (Department of Motor Vehicles) hearing. If you request this type of hearing within ten days of your DUI arrest, then you will be issued a temporary license to drive until this DDS hearing is scheduled. Your administrative hearing should be scheduled within 30 days of your petition. According to the Georgia Office of State Administrative Hearings, your administrative license hearing with the DDS will be similar to a court trial except without the jury. During this case, the administrative law judge (ALJ) will hear witness testimony, testimony and evidence from the law enforcement official as well as additional evidence that you and your attorney bring forward to contradict that evidence. Having an Atlanta DUI lawyer present at this hearing is important and could mean the difference between a license suspension and having your driving privileges restored. For this reason, don't hesitate to contact an Atlanta DUI attorney from The Law Offices of Richard S. Lawson!