Atlanta DUI License Suspension Appeal

If you are like many Georgians, you depend on your vehicle every day to get to work, the doctor’s office, the grocery store, etc. Unfortunately, if you are arrested for driving under the influence in Atlanta, your driving privileges may be suspended even before you are convicted in criminal court. By having experienced Atlanta legal counsel on your side, you may increase your chances of avoiding a lengthy driver’s license suspension.

If an officer believes that you are driving under the influence of alcohol and/or drugs, he or she will ask you to take a breath test to determine your blood alcohol content (BAC). In Atlanta, operating a vehicle with a BAC level of .08% or higher is against the law. If you test over this limit, or refuse to take a breath test, your license may be suspended by the Department of Driver Services. This is known as an administrative license suspension (ALS).

During a DUI arrest, the officer will fill out the DS-1205 form which informs you of the pending license suspension following a breath test refusal or failure. On this form is a temporary driving permit that is valid for 30 days.

After a DUI arrest, you have ten business days to request an ALS hearing with the DDS. If you do not request a hearing within this timeframe, your license will be automatically suspended after 30 days. To request a hearing, you must provide your full name, current address, license number, date or birth, and phone number, in addition to the hearing request filing fee. You must also provide the names and addresses of all potential witnesses, a statement regarding the facts that you are contesting, a statement of the action you are seeking, and the name, address, and phone number of your attorney.

Even if your license suspension appeal is not successful, your attorney may seek a limited driving (or hardship) permit, which allows you to drive to work, school, and other approved locations.

If you are facing a DUI license suspension, The Kohn DUI Defense firm can assist you with your appeal. For more information, please submit your case information online today.