ALS/DDS Hearings in Atlanta, Georgia
Protecting Your Driver's License from Suspension
In Georgia, you may lose your driving privileges in two separate procedures—the DUI criminal court hearing and the DDS automatic license suspension hearing.
When you are arrested for a DUI or refuse to take a chemical BAC test, your driver's license may be automatically revoked by the arresting officer. Many people believe that their license suspension is only determined by the outcome of the DUI case—however, the Georgia Department of Driver Services (DDS) may automatically suspend your driver's license soon after a DUI arrest.
If you do not take action immediately after a DUI arrest, the Georgia DDS may automatically suspend your license without giving you an opportunity to restore your driving privileges. At The Law Offices of Howard J. Weintraub, P.C., our Atlanta DUI attorneys defend our clients' rights against DUI charges and also help them protect their driving privileges in DDS hearings.
The "10-Day Rule"
After your license is revoked because of a DUI arrest or test refusal, you have 10 days to contact the DDS and schedule a hearing. Known as an Administrative License Suspension (ALS) hearing, this procedure determines whether or not your license will be suspended before your DUI case goes to court. This automatic suspension may last between 6 to 18 months, in which you are not permitted to operate a motor vehicle. Failing to abide by this punishment may result in further consequences to your driving privileges and threaten your employment responsibilities.
Why schedule an automatic license suspension hearing?
Unlike a DUI criminal trial, ALS hearings do not require any proof of guilt; in fact, these hearing are not designed to determine whether or not you actually committed a crime. These hearings were created to eliminate potential drunk drivers before and during court proceedings.
The Georgia DDS reviews the circumstances of the arrest and the evidence presented against the individual. By successfully contesting the evidence of a DUI arrest, you may be able to prevent your driver's license from being suspended, or obtain temporary driving privileges.
At The Law Offices of Howard J. Weintraub, P.C., we help our clients protect their driving privileges against immediate license suspension. With the legal assistance of our Atlanta DUI lawyer, you may retain your driving privileges and prevent a DUI arrest from affecting your responsibilities.
The DDS Hearing Procedure
When performed correctly, filing a written request for a DDS hearing within 10 days of a DUI arrest license suspension can postpone an automatic suspension. This may allow you to protect your driving privileges while you await the DUI criminal trial. After being schedule, the DDS hearing is held 30 – 90 days after an arrest. In the duration, you retain your driving privileges and are able to continue driving for work and your other responsibilities.
Receiving a DUI out of your home state does not protect you from automatic license suspension. If you are from another state, your license will still be automatically suspended 30 days after the arrest. Regardless of the circumstances of your arrest, a successful DDS hearing appeal may allow you to protect your driving privileges. Our team's knowledge of Georgia law and the courts gives our clients a distinct advantage in ALS appeal hearings.
Dedicated DUI Defense & Legal Guidance Since 1985
At The Law Offices of Howard J. Weintraub, P.C., we understand how overwhelming it can be to deal with license suspension hearings along with a DUI case in criminal court. Our dedicated legal team has more than 40 years of collective legal experience in DUI law. As a result of our long history of successful cases, our attorneys have the knowledge and experience needed to handle many legal issues related to DUI. When it comes to defending your driving privileges in a DDS hearing, you may put your trust in the legal professionals at The Law Offices of Howard J. Weintraub, P.C.