I've already received my tempory permit, but today at my ALS hearing, the officer did not attend. I filed a motion to rescind, but I'm unsure how this affects my state charges of DUI - Refusal? Can anyone provide insight?
Grateful for insight!
How do you already have a limited permit? Did you already plead guilty to the DUI? Generally, the officer's failure to show up at the administrative hearing won't have any bearing on the criminal case. But, it had a positive impact on your drivers license as you were risking a 12 month suspension based on your alleged refusal.
An ALS hearing, in most cases, has no bearing on the criminal charges. One is administrative and the other is criminal. It sounds like you got lucky at the ALS hearing but luck isn't something to count on when dealing with the underlying DUI. For that you'll want a trained attorney on your side.
There are two license suspension issues that occur with a DUI arrest. First, is the administrative license suspension (ALS). The second license issue is as a result of the criminal case. The ALS as a civil lawsuit that the State files against you to grab your license before the criminal case even begins. The law give you the right to have a hearing where you can challenge the suspension. Your officer failed to show up for the hearing and the State couldn't grab your license. That saves you from suffering a one-year administrative suspension. Since your criminal case is still pending, the DDS will not give you your license (completely) back. They will only give you a temporary permit until your criminal case is resolved.
Although the ALS is separate from the criminal case, it is important to win the hearing (as you did) because it takes pressure off of you while you fight the criminal case since you will be driving. If you get a conviction for DUI, you will suffer a suspension, but you can get a work permit (assuming this is your first dui) and reinstate your license after 120 days, paying a reinstatement fee ($210), and by taking DUI school. I have attached a link below which contains more detailed information regarding your license suspension.
If you don't already have a lawyer, I would suggest getting one, you might be able to avoid a DUI conviction. Good luck, and please be safe. You should strongly consider getting a substance abuse evaluation and undergo the treatment as recommended by the evaluator. If you do have a problem with alcohol, now is a good time to address it.
The ALS Hearing has no impact on the criminal case. It is good the officer did not show up because you did not have to agree to anything to keep your license.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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