You must file an appeal within 10 business days to get this hearing! The license hearing is most often called an administrative license suspension hearing or ALS for short. The hearing itself is a mini-trial on some of the main issues related to your DUI case. Usually only 1 or 2 officers testify and your lawyer will cross exam them. Even if you are not able to win this hearing, a good cross examination of the officers at this hearing often times limits the issues for trial or sets up good facts for a motions hearing or trial. It is very important to get a good DUI lawyer in place prior to this hearing. Sometimes agreements are made prior to and at the hearing as well. You want to get your lawyer in place early so they can begin investigating the case in time to be prepared for the license hearing.
The hearing is called an "Administrative License Suspension" hearing aka ALS hearing. You must request (file) a hearing within 10 business days and include a $150.00 payment to the State of Georgia to receive a hearing. If you don't follow this procedure, your license will be administratively suspended. (and you haven't been Convicted of the DUI) The hearing is limited to the issues that are listed on the back of the DDS form 1205 that you should have received from the officer. Your DUI attorney can cross-examine the officer(s) that testifies
for the state. Many times Drivers don't win the ALS hearings. But, the cross-examination of the officer can produce the testimony (evidence) that you need to help you win the actual DUI case. You should retain the most experienced and qualified DUI attorney that is available to you ASAP. The attorney may be able to reach an agreement with the officer before the hearing. Finally, if you loose the ALS hearing, it does not mean that you are found guilty of the DUI. At the ALS hearing the court can only order the administrative suspension of your license. The ALS court cannot sentence you to jail or any other penalty available to the criminal court. I hope this information has been helpful. Good Luck!!!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
The other two replies are excellent and detailed. Your post contains no facts, so it is impossible to know if you have any defenses to the ALS suspension. Also, around here, it is not uncommon for officers and deputies (Troopers are a different matter) to skip the hearing and your license is not impacted.
I am going to assume you are over 21 yeas old (if not, my answers would be different). If you were arrested for a refusal the suspension is a "hard" suspension of 12 months (if you were to plead guilty to the actual DUI charge, you would be eligible for a work permit -- BIG DIFFERENCE); if you were arrested for UBAL, you can have a 30 day permit to drive and go to the DUI school for reinstatement of your license.
ANYONE arrested for a DUI should run out and hire a competent criminal defense/DUI attorney. There are so many possibilities for the attorney to have a postive impact on the course of the case, even if it is just working out an early plea deal BEFORE or AT the ALS hearing. Don't do this on your own! Good luck.
The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.