Georgia DUI Driver’s License Appeal Hearing

For anyone arrested of driving under the influence in the state of Georgia, they will receive a form by the arresting officer. This form, known as the DS-1205, allows you to drive temporarily. In addition, it also includes the instructions you must follow when requesting a hearing with the department of motor vehicles.

As the instructions state, you must request a hearing with the department of motor vehicles within 10 days of your arrest date. When counting the days, you will skip weekends and state holidays. If you fail to request a hearing within this timeframe, you will automatically lose your driver’s license on the 31st day after your arrest. Assuming this is your first offense, the DMV will suspend your license for one year.

The good news is that your defense attorney can help you through this process. To ensure that you meet the deadline, your attorney will send an appeal letter for your license to the DMV and can obtain proof that this letter was sent prior to the deadline. Your attorney can also represent you during the administrative license hearing.

During the hearing, the arresting officer will be sworn in and asked to testify about your DUI arrest. If the arresting officer does not show up for the hearing, there is a high probability that the hearing officer will not be opposed to having you retain your driver’s license. Assuming that the officer makes it to the hearing, this is the perfect opportunity for your attorney to cross-examine the officer under oath.

This transcript of the testimony can then be used to build your solid defense in criminal court. This is also an opportunity for you to testify prior to your trial. Your attorney will consult with you on whether this will beneficial to your case or not.

It’s important to understand that even if your license is not suspended during the administrative hearing, you may still lose it in criminal court if you are convicted of driving under the influence. Hiring an experienced and skilled DUI defense attorney is your only hope of avoiding conviction and a long list of harsh penalties.

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