Getting arrested for driving under the influence, or more commonly known as a DUI, can be a frightening and often confusing experience. You will likely have questions about what your next step should be, especially when it comes to your driver’s license. In most cases, the arresting officer will take the license of someone arrested for DUI, and they will have to go through a DUI license suspension hearing in order to get it back. It is illegal in the state of Georgia to drive without a license, so if you have been arrested with a DUI, you’ll want to handle your case with care, starting with contacting a Georgia DUI attorney. A Georgia DUI attorney can help you navigate the difficult and confusing process of a DUI case and DUI license suspension hearing.
If you are arrested for a DUI, the Georgia Department of Driver Services (DDS) will issue Form 1205, as well as a criminal court summons. The DDS Form 1205 will act as a 45 day temporary driver's license but also a notice that in 45 days, your license will be suspended. From the date this temporary license is issued, you will have 30 days to request a hearing to appeal the suspension of your driver’s license. However, the state can suspend your driving license for one year if you refused to submit to a test.
The Georgia Office of Administrative Hearings will schedule your DUI suspension hearing, usually within 45 to 90 days after your arrest, where you will have to fight your DUI in an administrative court. It is important to note that this is a different court procedure than the criminal court you’ll need to appear at at a later date. A conviction in that courtroom could result in a different DUI license suspension.
If you hire a Georgia DUI attorney, they can help make this stressful situation more manageable. They will assess your case with an initial interview. Once they get a good understanding of the circumstances of your arrest, your Georgia DUI attorney will start investigating by obtaining the incident report and any evidence, such as video recording and interviewing witnesses. All of this will help your case, not just during the DUI license suspension but also during the DUI trial itself.
Your Georgia DUI attorney will write to the Department of Driver Services on your behalf and work to stop the automatic suspension of your license. Prior to the hearing, they will discuss with you what to expect and your options, recommending a course of action that will most likely result in your license suspension being rescinded, or dismissed so that you can keep your license.
Some arresting officers are willing to work with you and negotiate a plea deal, however you need to be cautious in order to ensure you get the best possible deal. Officers may give you a bad deal if they think your defense is weak or your attorney is inexperienced. With an experienced Georgia DUI attorney, you can make an informed decision when it comes to your plea deal.
The Law Office of Samad K. Mubeen has won many DUI cases over a decade of experience defending clients charged with DUI. We are knowledgeable with all federal, state, and local laws. We care about providing extraordinary services while providing financing options. If you have more questions about your upcoming DUI license suspension, reach out to the Law Office of Samad K. Mubeen today.
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