What is an “Administrative” License Suspension Hearing?
After being arrested for DUI, your Georgia license will be suspended after 30 days from your arrest unless you send a letter to the Department of Driver Services requesting an administrative hearing. This letter must be sent within 10 days after your arrest.
Georgia’s “10 day letter” effectively puts a stop to your license being suspended, until you have had a hearing in front of an Administrative Law Judge (ALJ). These Georgia 1205 or license suspension hearings are a ‘must have’ for drivers who want to keep their driving privileges.
At the hearing, which is usually 30-60 days after you and your lawyer have requested it, your attorney will have the opportunity to gain valuable insight into the circumstances surrounding your DUI arrest. The officer that arrested you for DUI will be subpoenaed to the hearing, and if necessary, will be put under oath and subjected to cross examination by your attorney. In many cases, pre-hearing negotiations between your attorney and the arresting officer will end with some type of settlement in an effort by your attorney to salvage your driver’s license privileges. If an agreement can be reached at this administrative license hearing, your driver’s license will remain intact while your criminal DUI case proceeds through the court system. It is critical to retain your driving rights while your case is pending, since many cases will take months and sometimes years to reach a motions hearing or trial, or have a final outcome.
If you’ve been arrested and charged with DUI in Georgia, call me as soon as possible to satisfy Georgia DDS’s requirements to be entitled to your drivers license suspension hearing. Remember, if you do nothing and miss the 10 day window, your license will automatically be suspended and there is no way to undo this suspension.