OTHER DUI/DWI RESOURCES

The Two Sided Fight When Facing a DUI
Conviction: Administrative & Criminal

By: William C. Head © 2008

When Arrested for DUI in Georgia You Face Two Battles at the Same Time

In all but a few DUI arrests in Georgia, there are two different legal matters (administrative license suspension hearing, or ALS, and the driving under the influence case itself) which have to be dealt with. This equates to fighting both issues in two different court cases, including different judges as well. Besides the usual criminal prosecution (which most of the time is last), the ALS appeal concentrates on the single issue of a pre-trial loss of driver’s license.

Filing the 10 Day ALS Letter Inside of “10 Business Days”

After you are arrested for DUI in Georgia, the administrative license suspension (ALS) appeal has to be done by creating a TIME LIMITED written request asking for a hearing on the awaiting driver’s license suspension. This process must be completed within ten business days following your DUI arrest. The Georgia Department of Driver Services has to get the letter by the tenth business day. When figuring this out you must not count the weekends and state (not federal) holidays.

The 10 Day Letter HAS TO BE Submitted as Fast as Possible

You have choices here. You can either submit your own letter stating all raised legal issues during the ALS hearing, or have a professional lawyer create the letter for you. As soon as the letter is written, it has to be mailed by one of the following ways: (1) bring the letter in person to the DDS office with a signed receipt from a DDS worker; (2) faxed written confirmation of receipt; (3) mailed by a commercial postman with a receipt given to you; (4) mailed by a private postman with a receipt given to you; (5) certified United States mail postmarked sooner than the tenth business day limit, with a receipt given to you.

Our Qualified Attorneys will Write and Send the Ten Day Letter for FREE

Our law firm will write the letter and ensure it will be delivered within the deadline. Our firm has proudly written over 800 administrative license suspension (ALS) letters each year for over 15 years, when the new Georgia DUI law was passed. This process is completely FREE of charge and the DDS proceeding has NO HIDDEN FEES from our “flat” retainer fee. One flat retainer fee takes care of both the ALS and criminal case.

Our Dedicated Law Firm Submits the Appeal Using TWO Different Delivery Strategies

When creating the ALS appeal letter, we make certain to submit it using TWO different methods. This ENSURES timely delivery of the letter and makes certain that all of our clients have the right to drive. A little bit of work goes along way, and because we use this strategy, we have a 100% success rate for well over 11,000 clients who have used our dedicated law offices since 1993.

What is the Anticipated ALS Hearing Date

The first ALS appeal hearing date should be anywhere between 55 and 65 days following the date that the ten day letter was read by the DDS. You must remember that the DS 1205 form only covers the first 30 days allowing you to drive. The DDS should send you an EXTENDED letter allowing you to drive until the hearing date or the date a decision is made. You should be receiving this 30 days after your DUI arrest.

A Successful ALS Hearing CLEARS the Pending Administrative Suspension

The DDS letter that prolongs your driving privilege until the hearing will let you know that you will be able to drive until the date of the hearing. If you are successful during the DDS hearing, the driver’s license suspension will be “lifted” and you will be able to drive freely, depending on the result of the DUI case, which will be handled at a later date. This is vital for anyone facing a license suspension either in Georgia or any other state.

You MAY not have to be at the ALS Hearing in Person

During the DDS hearing, your presence may not be required. Your lawyer will notify you if you have to show up or not. Most of the time during refusal cases, you HAVE to be there however. Your attorney will stand with you during this hearing so that he/she can strategize to win the case or settle (non-DUI) the administrative portion of your case.

The ALS Hearing May Help You Win the DUI Criminal Case

The DDS hearing could be the only time that our experienced law firm can get the arresting officer “sworn in” and get some facts that may help your criminal DUI case. Sworn statements in court “locks down” the officer’s side of the story and assists your lawyer in strategizing a well-rounded defense for you.

Don’t Worry About Having Two Different Hearings or “Double Jeopardy”

The US Supreme Court made it so that a person who was arrested and facing a DUI conviction that is facing two separate hearings is not double jeopardy. You must keep in mind that driving in Georgia is a privilege and not a right. When you get a driver’s license, you are indeed agreeing that if you were pulled over and suspected of driving under the influence, that you HAVE to take a chemical test. When you do not take this test (either blood, breath or urine) when the officer asks you to, you are at risk of losing your driver’s license for 1 year (or longer). You may also lose the right to drive to work as well.

Failing to Submit to a Chemical Test and ALS Consequences

When you fail the chemical testing performed by the arresting officer (urine, blood, or breath) it could lead to a 12 month driver’s license suspension for first time offenders. This time frame increases to 3 years for a second offense within five years and 6 years for a third offense. You are also facing a revoking of your driver’s license at this point.

Refusing the Administrative Suspension could lead to a NO LIMITED WORK PERMIT

A driver license suspension founded on REFUSING to undergo chemical testing may only hurt your right to drive if you do not fight to keep it. You can get a WORK PERMIT by doing so. By winning or negotiating a “withdrawal” of the driver’s license suspension, you would be able to drive.

Repeat ALS Offenders Receive Greater Penalties

If you get two ADMINISTRATIVE license suspensions within 5 years, you are at severe risk of having your license suspended for 3 years. Also, a work permit will not be granted.

The Administrative and Criminal Cases are Different

You must understand that the administrative license suspension is a civil matter as opposed to the DUI itself, which is criminal. There are many more penalties following a driving under the influence conviction then losing your driver’s license. You could face prison time, heavy fees, and other consequences. It is more important to win the DUI criminal case; so please visit www.DUI.tv/galaws.pdf for further information.