The DMV hearing in Georgia is actually an administrative hearing where the Georgia Dept. of Driver Services may potentially suspend your driver's license, depending on the outcome of the hearing. I would never attend one of these hearings without the assistance of a lawyer. You could be looking at up to a one year license suspension even on a first lifetime DUI in Georgia.
Call a DUI defense attorney in advance of your hearing. Get the ins and outs explained to you, and hire someone that you feel will effectively represent you.
For more information on ALS hearings and license suspensions from DUI, you can call my office directly at 770 887 3720, or visit:
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
Whenever you are facing DUI charges, there are two separate processes going on...the criminal charges in court and the driver's license consequences at the DMV. This DMV hearing will decide whether you get to keep your driving privileges.
I would respectfully disagree with the lawyer you spoke with. Call some others and seek representation for both the criminal case and the DMV hearing.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
You need to speak with another attorney in your area about this. These DMV hearings are serious, especially when they are due to a DUI. If it is possible, do not go to this hearing by yourself.
Legal Disclaimer: Mr. Boston is licensed to practice law in Maryland. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. www.bostonlawllc.com (301) 850-4832 Boston Law Group, LLC
It depends. If the officer doesn't show or you sign a 1205 withdrawal you can get your license back in about a week once the paperwork catches up in the system at DDS. If you lose the hearing how long you will be suspended for depends on whether you took the state's chemical test, refused it, and whether or not you have any other DUI convictions in the past 5 years.
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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. 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.