Police suspend the licenses of drivers who refuse to take a test when they are suspected of drunk driving in Georgia. You can appeal the suspension by submitting a letter. It’s important to hit the deadlines and to get your letter requesting an Administrative License Suspension Hearing filed within 30 days. It’s vital to hit the deadlines for the 30-day letter to appeal a driver’s license suspension.
Drivers who police arrest for a DUI must submit to a state-administered chemical test of their breath, blood or urine under Georgia’s implied consent law. Refusal to take test results in the suspension of your license. Drivers whose licenses are confiscated receive a 1205 form that notifies them of the officer’s intent to suspend their Georgia driver’s license.
It’s important to act fast. Although the time limit to request an ALS (Administrative License Suspension) hearing was recently extended from 10 to 30 days, it’s still not much time.
Act Fast to Appeal a Driver’s License Suspension
You must pay a $150 filing fee. If you do not file your appeal, you will lose your right to drive on the highways of Georgia.
It’s easy to miss the window to file your 30-day letter. It should be sent by certified mail. This provides confirmation the letter was delivered to the Georgia Department of Driver Services if there is any dispute.
There are two types of license suspension if you fail to attend a hearing, a hard or a soft suspension. These are either a 12-month suspension or a 30-day suspension.
A 12-month suspension is known as a “hard suspension.” You will lose your driving license for a year if you refused to submit to breath, blood, or urine testing and fail to file an appeal.
Your license may be suspended for a month if you submitted to testing during your arrest for DUI. You may be able to drive on a restricted license and get your license back after 30 days if you attend DUI school.
In 2017, Georgia introduced a new law that allows people charged with DUIs to drive with an ignition interlock device as an alternative to fighting the suspension of their license at an ALS hearing.
Getting Help at ALS Hearing to Appeal a Driver’s License Suspension
Our attorney can help you with the ALS hearing. There are a few potential scenarios. If the police officer fails to show up, the action by the Department of Driver Services will typically be suspended and you will get your license back.
An attorney can challenge the legitimacy of the arrest. Often police officers make mistakes or carry out incorrect procedures. An attorney can also reach a deal with the officer who made the arrest for the DUI case to be resolved in a certain way on the condition you retain your license.
If you or a family member has been arrested for DUI or an officer took away your license, you should be aware of the importance of filing the 30-day letter to appeal a driver’s license suspension please contact our Georgia criminal defense team today at (404) 913-1529.