If you requested an Administrative License Suspension Hearing (ALS) by filing a letter within 30 days of your arrest, you will be affording a hearing before an Administrative Law Judge. Several things can occur at the hearing. The Officer may not show for the hearing. If this is the case, your attorney will file a motion to resend the suspension with the Court; thus dismissing the request to suspend your driver’s license.
If the officer shows, three things can then occur. First, the officer may agree to a unilateral withdrawal of your suspension. This means, he is dismissing the request to suspend your license. Secondly, the officer and you may enter into a joint withdrawal of your suspension. This will require you to enter a guilty plea to DUI in Court in exchange for the officer dismissing the suspension petition. Finally, you can have a hearing in from of the Administrative Law Judge. The standard of proof is lower than a criminal trial and the only results of the hearing are that your license will be suspended or the petition is dismissed.
What to Expect if a hearing is Not Requested
Failure to request a hearing will automatically result in the suspension of your license on the 46th day. In case you refuse to submit to a given testing, your license will be placed under a one-year suspension. You will also not qualify to apply even for a restricted or limited license. You must be aware that there are no exceptions that exist in cases of refusal so you need to be careful and ready to hire a counsel right away.
During the hearing, your Cobb County DUI Attorney may be able to argue the arrest for DUI or the violation of Georgia Implied Consent Law due to lack of probable cause. The arresting officer or any officer present must read the Georgia implied consent warning during the time of the arrest. They also need to correctly answer all your questions in accordance to the implied consent law.
If the response of the arresting officer contradicts what is stated in the implied consent warning of Georgia, the State may lose its power to use necessary chemical examinations. These types of examinations include a blood test, breath test, or urine test that can be used against you in court.
There are potential defenses in Georgia during your ALS hearing. While many attorneys easily assume guilty or lose their hope from day one, every case still needs to go through proper investigation. Below are some of the potential defenses that you need to know:
- Was the implied consent delivered substantially correct?
- Was the reading of the implied consent warning close to the time of the arrest?
- Did the information provided by the arresting officer contrary to the meaning of Georgia implied consent warning?
- Did the officer state the correct warning to the suspect of DUI as how the commercial warning among CDL drivers for those under the age of 21 should be delivered?
- Did the arresting officer ignore to choose any actual and designated analysis like breath test?
- Did you agree to take a test and then the officer said that it was too late for it?
- Did you request for an independent test and not accommodated?
- If there was a roadblock, was it handled in a constitutional way?
- Was the arrested driver put in custody for the purpose of Miranda warnings?
CHOOSE A DUI ATTORNEY FROM OUR FIRM
If your license is suspended and it is a test case and this is your first DUI, you may be eligible for a temporary driving permit for 45 days. After 45 days you can apply to get your license reinstated upon showing proof of completion of the Risk Reduction Course (DUI School) and paying a restoration fee. If you are suspended because you refused the test, you are not eligible for a limited driving permit. You license will remain suspended for one year or if your DUI is reduced or dismissed in Court, whichever comes first. To learn more, contact a Marietta DUI lawyer from our team as soon as possible!