Generally every DUI prosecution includes an attempt by the arresting officer to have your ability to drive suspended for a year. Your notice is received at the time of arrest in the form of a 1205 notice. This is your legal notice that if you do not challenge the officer’s sworn report your license to drive will be suspended thirty days after your arrest for DUI.
How to challenge the 1205 suspension and request an Administrative License Suspension (ALS) hearing:
Immediately after being released from the jail consult an attorney;
Send legal notice to the Department of Driver’s Services you are challenging the officer’s 1205 report, include $150.00 to pay the filing fee;
The Department of Driver’s services will generally process your challenge in thirty days, in unusual cases it can take up to ninety days. You will receive notice of your civil administrative hearing. In addition your temporary license’s (which you should have received from the arresting officer) validity will be extended to ninety days after the date of your arrest for DUI.
Office of State Administrative Hearings Court: The morning of court your attorney will arrive. If your officer is not present, generally the judge will immediately dismiss your license suspension case. If the officer is present, your attorney and the officer will meet and discuss your case. It is at this point your attorney will need to know the facts of your arrest. Your attorney can either persuade the officer to withdraw his suspension of your license or go forward with a court hearing.
The administrative hearing is a civil hearing where the officer generally needs to establish to the administrative law judge that his arrest of you was lawful and once arrested you were properly informed of your implied consent rights under Georgia law.
If the officer fails to meet his burden the judge will dismiss the officer’s attempt to suspend your license. If the judge finds in favor of the officer your license to drive will be suspended.
If you are facing prosecution for Driving Under the Influence you should consult with an experienced DUI attorney as soon as possible. Contact us today: call 404-373-7735!