When you are arrested for driving under the influence (DUI) of alcohol/drugs or refuse to submit to a chemical test to determine if you are driving while impaired, your license can be suspended immediately. For a refusal, your license can be suspended for a minimum of one year. But for a DUI, you can challenge the suspension soon.
Here is what you need to know:
Requesting a hearing
After a DUI arrest, the arresting officer will give you a form called DPS 1205. It acts as a 45-day temporary driving permit and officially notifies you of a pending license suspension.
The form will inform you that you have 30 days from the date of receipt to request a hearing with the Georgia Department of Driver Services (DDS). Otherwise, your license will automatically be suspended on the 46th day for, typically, 12 months. Thus, it’s crucial to send the written letter and pay the required filing fee on time.
Requesting a hearing postpones the automatic suspension until the hearing date, which is often scheduled within 60 to 90 days. This extends the 45-day temporary driving permit.
During the hearing, which will be presided over by an administrative law judge from the Office of State Administrative Hearings (OSAH), the arresting officer needs to present evidence justifying the suspension. If the judge decides the officer had probable cause for the arrest and a legitimate basis for the chemical test, they can uphold the suspension. If they disagree with the suspension, your driving privileges can be restored.
Losing your driving privileges can be an inconvenience. You may need to depend on other people to move around or use a limited driving permit for specified needs. It’s vital to know the steps to take from the time the arresting officer confiscates your license to protect your driving privileges.
