How Do I Get My Driver's License Back after a DUI?
Automatic License Suspensions (ALS) in Georgia
In Georgia, all drivers would be subject to an automatic license suspension (ALS) if they have failed a field sobriety test and/or chemical test or they have refused to submit to chemical testing altogether— since the state's implied consent laws make it mandatory for all drivers to comply with breath, blood or urine testing when a law enforcement officer suspects that they have been driving under the influence (DUI). Under these circumstances, the driver would be issued a temporary driving permit by the arresting officer. This permit will only last for a brief period of time, as the driver would be required to challenge the suspension within 15 days of the revocation. Should they fail to do so within the allotted period of time, the Department of Motor Vehicles (DMV) will assume that the driver has consented to the automatic license suspension.
Scheduling a DMV Hearing & Contesting the Suspension
If your driver's license was confiscated during a DUI arrest, you will need to move quickly to schedule an administrative license suspension (ALS) hearing with the DMV. Should you fail to take action within 15 days, your driving privileges could be revoked for up to one year. For this reason, it is highly recommended that you consult with a Savannah DUI lawyer from The Schneider Law Firm immediately after your arrest. In doing so, you can ensure that the appropriate steps will be taken on your behalf. Since the DMV hearing is separate from the criminal trial, you will not need to prove that you are innocent of the DUI charges. Rather, you will need to prove that one or more of the following factors existed at the time of your arrest:
- The law enforcement officer did not have probable cause to stop you
- Your BAC was measured below the legal limit of .08%
- The arresting officer did not inform you of your Miranda rights
- You were not made aware of the penalties for refusing a chemical test
- The officer was not qualified to administer sobriety testing
- The breathalyzer machine was not in proper working condition
- Your blood sample's chain of custody was not adequately documented
Should I hire a DUI attorney for my ALS hearing?
Once you have been arrested for DUI, two separate cases will be opened: the criminal case and the civil case. The civil case will address the legitimacy of your driver's license suspension and the criminal case will determine whether or not you are guilty of driving under the influence (DUI). Although one may bear more of a burden than the other, you should not hesitate to contest the revocation of your driving privileges. You have nothing to lose by fighting back, so the dedicated legal team at The Schneider Law Firm encourages you to discuss your case with a Savannah DUI attorney today. All you have to do is call our office at (912) 385-0854 to learn more.