Suspended License Defense
Arrested for Drunken Driving? We Make Life Easier!
If you've been arrested and charged with DUI, chances are your arresting officer seized your driver's license and will send it to the Georgia Department of Driver Services (DDS) for a DUI license suspension. This action is separate from the criminal DUI charges you face. One of the first steps a knowledgeable DUI lawyer from Zeliff | Watson takes after your arrest is to claim your right to a license suspension hearing, before your license is administratively suspended. The right to a hearing is available under Georgia DUI law, but it is waived if you do not comply with our state's implied consent appeal rules.
We can represent you at this hearing, working aggressively to prevent the suspension of your driver's license. Under specific circumstances, you may be able to get a limited driving permit so that you can drive to work, undertake the ordinary duties of your job or go to medical appointments and other necessary functions.
More on Suspended Licenses
When you were arrested and booked on your DUI charges, you will usually have been made to sign a Form 1205. Along with other information, this form contains the results of your breath or blood test or the fact that you refused testing. You should have received a copy of this form at the time of arrest, though failure to do so will not prevent the DDS from suspending your license.
DUI license suspension doesn’t happen through the courts and is only related to your arrest—not your criminal charges. When you got your license, you signed an agreement stating that your license would be suspended if you refused a blood or breath test (or failed either one). This has nothing to do with you being innocent or guilty of committing DUI—and in fact, you can petition to keep your license over the course of your trial.
However, you only have 30 days to make your plea before the DDS. If you don’t file your petition within 30 days, your suspension will remain in place until you’re acquitted or your charges are dropped. If you choose to petition for your license—and we recommend that you do—you’ll need to prove that there is no basis for the license suspension. It’s worth noting that you only have one shot to argue your case in a DDS hearing. If your " 30 day letter" is not sent in on time, your license will automatically be suspended on the 46th day after your arrest.
Hiring a DUI attorney will allow you to have professional representation at both the DDS hearing and the court case. In addition, a favorable outcome at the DDS hearing can lend credibility to your case during your DUI trial.
Don't Take the Risk of Driving While Suspended
Driving on a suspended license is itself a crime, punishable by time in jail and additional loss of your driving privileges. Your license suspension hearing is usually held within 30-90 days after your letter is received, but no matter the outcome, we strive to use this hearing to see what the evidence against you is. This allows us to design the most effective defense strategy possible for your criminal DUI charges.
It is vital that your rights are protected in this hearing and that you have the best representation possible in your case.
Contact a DUI attorney to find out your legal rights and options when facing a driver's license suspension.