Driver's License Suspensions in Atlanta, GA
Protecting Your License with Our Atlanta DUI Attorney
According to DMV.org, "The Department of Driver Services (DDS) that issued your driver's license can also take it away for bad driving—through cancellation, suspension, or revocation—at any time." This means that law enforcement in Georgia has the power to confiscate your driver's license if they believe that you have been operating a motor vehicle while under the influence of alcohol and/or drugs. In most cases, your license will also be subject to a mandatory suspension if you have knowingly refused to cooperate with chemical testing—as this would be a direct violation of the state's implied consent law. Although you would be afforded the opportunity to contest the impending suspension before the conclusion of your criminal trial, this can be difficult without the experienced guidance of an Atlanta DUI lawyer. For this reason, the Law Office of Matthew T. McNally asks you to give us a call today.
Administrative License Suspension (ALS) Hearing vs. Criminal Trial
Once your driver's license has been suspended for driving under the influence (DUI), two separate cases will be opened: the administrative hearing and the criminal trial. The administrative driver's license suspension (ALS) hearing is a civil case that will focus exclusively on the matter of whether or not the Department of Driver Services has the right to issue a suspension, while the criminal trial will determine whether or not you are guilty of the charges that have been filed against you. It is important to understand that you are not required to participate in an ALS hearing—as an automatic suspension would go into effect if you forfeit this right—but the knowledgeable legal team at our firm recommends that you do not give up your driving privileges without a fight.
In some cases, participation in this hearing could even contribute to the success of your criminal trial. Since your attorney would have the opportunity to cross-examine the arresting officer, they may be able to recognize weaknesses in the officer's case and use this as leverage during the criminal proceedings. For this reason, you would have nothing to lose by fighting for the reinstatement of your driver's license. Even if you are not successful, the ALS hearing may ultimately help you to avoid the ramifications of a criminal conviction. It is important to understand that you have a limited amount of time to take action after your arrest, however, so we encourage you to contact our firm today. In doing so, we can ensure that an administrative hearing is requested on your behalf before the deadline expires.
How long will I have to request an ALS hearing after a DUI arrest?
Upon your arrest, the officer is required to provide you with a temporary driving permit called a DPS Form 1205. On the back of this form, you will find the "rights of advisement" statement in which it will be explained that you have 10 business days from date of your arrest to request an administrative driver's license suspension (ALS) hearing. Should you fail to take action before the deadline expires, the suspension of your driver's license will take effect 30 days thereafter. For this reason, it is highly recommended that you involve an Atlanta DUI attorney as soon as you have been arrested. In doing so, your counsel will be able to ensure that the letter of appeal is promptly filed with the Department of Driver Services (DDS)—along with the required filing fee of $150. All you have to do is pick up the phone and contact our office today – we will take care of the rest.
You only have 10 days – contact an Atlanta DUI lawyer today!
If you are faced with the impending suspension of your driver's license, it is imperative that you take action quickly. You only have 10 days to request an ALS hearing in Georgia, so there is no reason why you should wait any longer to retain the professional help that you will need. Take the first step today by scheduling an initial consultation with our Atlanta DUI lawyer. Simply contact the firm at (678) 918-4421 to speak with a member of our dedicated legal team or fill out the free case evaluation form that is conveniently located on our website. After that, we will be able to answer any questions that you may have and prepare you for the process ahead. Call today to learn more!