Administrative License Hearing
Administrative License Suspensions
To keep this brief- here’s what you need to know:
When you are arrested for DUI in the State of Georgia, you actually have TWO cases. Everyone knows about their criminal DUI case. That’s clear.
Very few people understand they also have a civil case pending at the same time. This civil case is handled in a different court than the DUI, the potential penalties are different, the judges are different, and the deadlines are different.
In summary- if you don’t know about the ALS component of your DUI, you need to call Stacey M. Goad asap.
After a DUI arrest, the arresting officer will likely issue you a DDS 1205 form, which will allow you to maintain your driving privilege for 45 days after the arrest. But you must request an ALS hearing no later than 30 days from your arrest in order to maintain a valid driver license.
Seem Confusing? It seems intentionally confusing to many people.
Don’t worry. Stacey M. Goad has helped countless DUI defendants stay fully licensed after a DUI arrest.
The Department of Drivers Services is the administrative agency with jurisdiction in these civil matters related to your drivers license. An administrative judge will preside over the hearing. These hearings are independent of criminal charges, allowing drivers to present their cases and challenge the suspension in a civil court. DDS hearings typically occur within a few weeks of the DUI arrest and will be led by an administrative law judge or hearing officer.
During the administrative bearing, drivers can present evidence, give testimony, cross-examine witnesses, and argue their cases. But please remember- this does not affect your criminal case in any way.
What Are My Legal Rights at an Administrative Hearing?
There are several legal rights you can exercise to challenge an administrative license suspension in Georgia, including the right to have a Savannah DUI lawyer present, cross-examine witnesses, and testify in court.
Additionally, you have the right to an impartial hearing. The burden of proof falls on the arresting officer, or the other driver services departments or state agencies. Understanding and exercising your legal rights effectively is essential to challenge the suspension and increase the chances of a favorable hearing decision.
How to Win an Administrative Hearing in Savannah, GA?
Winning an administrative license hearing can be challenging, but it is possible. Here are some ways your Savannah criminal defense attorney can increase your chances of success:
- Prove that the traffic stop lacked probable cause: If the arresting officer did not have a good reason to stop you, any evidence gathered after the stop might be inadmissible.
- Prove that the arresting officer did not explain the consequences of rejecting a breath or blood test: In Georgia, you can refuse a chemical test, but there may be consequences, such as an automatic license suspension. If you can prove that you needed advice on these consequences at the time of arrest, it might help your case.
- Show that your BAC was under 0.08%: After a Georgia DUI arrest, if your blood alcohol content (BAC) was below the legal limit, you could argue that you were not impaired.
- Prove that you were not driving the vehicle: If you were not the one operating the car at the time of arrest, you may argue that you should not face DUI charges.
Prove that you agreed to the breath or blood test: If you did agree to a test, and the results were below the legal limit, you may be able to avoid a license suspension.
How Can Stacey M. Goad Help You With Your Administrative License Hearing?
Goad Law, LLC helps clients prepare their administrative license suspension hearings and navigate the complex legal system. Stacey provides personalized and effective representation.
Whether you need assistance preparing for the hearing, presenting evidence, or appealing a decision of an administrative license suspension, she’s got your back.
Contact us today for a free consultation, and let us help you protect your driving privileges.
Frequently Asked Questions
How to Prepare for an Administrative Hearing?
The following steps may help you prepare properly for your administrative hearing:
- Become familiar with the process of administrative hearings and any requirements associated with them.
- If you need an interpreter, make sure to request one in advance.
- Contact any witnesses you plan to call and obtain subpoenas for witnesses and documents.
- Prepare and submit your witness list and exhibits well before notice of the court date or the first hearing date.
- Review the evidence the first officer and other parties presented and prepare questions for your witnesses.
The process of arrest and hearing may be made easier if you work with a lawyer who can provide legal guidance, representation, and support.
Can I Win a DDS Hearing?
Winning a DDS hearing can be challenging, but it is possible. You can stop the administrative suspension of your license by providing proof that the police did not follow the proper procedure with the breath or blood tests. You can also present convincing evidence that the officer did not have the right to pull you over. If you took a BAC test, you could present proof that your alcohol concentration was under 0.08%.
If you can’t prove that the officers made any mistakes during the arrest, you may be able to challenge the Officer’s Statement DMV form or police report. If you prove that there are mistakes in these documents, you may win your hearing.
What Happens at a DDS Hearing?
A DMV Driver Safety Hearing Officer presides over the administrative hearing. The driver is informed of the legal grounds for the action at the hearing, and they are allowed to review the DMV’s evidence. The driver then presents evidence, witnesses, and testimony to convince the DMV to rescind the suspension.