Don’t lose your driving right while your DUI case is in process
Administrative License Hearing in a DUI case in Georgia
If you are caught driving with a suspended license in Georgia, the Department of Driver’s Services may initiate an Administrative License Hearing (ALS) to stop you from getting behind the wheel. Instead of waiting out your 12-month suspension penalty – or risk further legal action – appealing this hearing is one way to get back on track quickly and safely. Alternatively, opting for the installation of an ignition interlock device can also help restore your freedom while ensuring responsible road use moving forward.
ALS Process
With a blood alcohol content of .08 percent or higher, you have 30 days to act! An arresting officer will fill out the DDS Form 1205 following your arrest. However, within those thirty calendar days from your date of receipt of this form, you must submit a timely request for an administrative hearing in order to prevent Georgia’s automatic suspension of your driving privileges.
If you’ve been charged with a DUI in Georgia, don’t give up hope – with the help of an experienced attorney by your side, it’s possible to fight back and keep driving legally. Skilled attorneys, like those at Gonzalez Torres Law, have unmatched expertise when it comes to traffic law defenses; they may be able to reduce penalties or even argue away arresting officers’ probable cause claims so that drivers can retain their privileges on the road.
You have other options too…
Got a suspension notice on your driver’s license? Don’t panic! You now have more time to respond with the extension of these notifications from 10 business days up to 30 calendar days. Plus, you can choose between two options; an administrative hearing or installing an ignition interlock device that will allow you to keep driving while still abiding by the law – so don’t worry and get back on track quickly.
Parameters of an ALS hearing
Even if a law enforcement officer has suspicion of someone driving under the influence, they must have reasonable grounds to confirm their belief before taking legal action. For such an offense in Georgia, according to O.C.G.A §40-6-391, it is only valid if the individual was lawfully arrested while physically controlling a moving motor vehicle and is impaired by alcohol or drugs, or been involved in a tragic motor vehicle accident resulting in serious injury or death. Accidents of this nature are unfortunately all too common.
Before administering any type of test, law enforcement must inform individuals about their rights to give or refuse consent. They must also make clear the consequences that come with either submitting or declining such a request.
Recent testing has revealed an alarmingly high blood alcohol concentration for many individuals driving on the road. Such indications that the individual is operating a motor vehicle under dangerous levels of intoxication are .08 g/dL for those 21 or older and over double at .04g/dL for commercial drivers. Moreover, a BAC reading above 0.02 showed troubling signs even among underage individuals.
To ensure the most accurate results, proper protocol for administering tests must be followed. The test administrator should have a valid permit from the Georgia Bureau of Investigation’s Division Forensic Sciences and use an approved instrument to conduct the test. Additionally, all components on any machine used in testing should be properly attached and functioning correctly at time of testing. To prove they have the necessary qualifications, operators need to show evidence that includes a copy of their permit and one original test result or criminal lab report.
Seek the help of an attorney
If you’ve been charged with a DUI in Georgia, the best decision you can make is to consult an experienced attorney. Instead of simply pleading guilty and accepting your fate, there may be legal defenses available for your case – such as if police failed to adhere to your constitutional rights or conducted a field sobriety test incorrectly.
Navigating a DUI charge can be an overwhelming process and you don’t have to go it alone. You need to understand your rights when faced with such a criminal charge before you begin thinking about your next steps – regardless if an appeal to your sentence needs to be filed or even if you decide to install the ignition interlock device.
It’s important that anyone charged with such a serious offense speak with an experienced attorney who knows the rights of individuals in Georgia when facing these charges. Don’t assume there are no other options – thorough investigations must always take place, as well as exploring potential defenses that could help your case before deciding whether or not to plead guilty! People tend to believe that after getting a DUI charge there is nothing else to do but we are here to tell you that there are still options that we can explore together. Investigation must cover every case to look for defenses that may apply and people should never pledge guilty at once.
Contact the office of Gonzalez Torres Law
Facing a DUI charge – Have no fear; the Gonzalez Torres Law office has your back! Our team of experienced experts are here to support you throughout this complex process, and will take all steps necessary to keep your license valid. Don’t wait – contact us today for legal representation that’ll safeguard your future!
