After you are arrested for driving under the influence (DUI) in Georgia, the state is probably going to automatically take away your
driver’s license through administrative punishments
unless you fight for it. You have
10 days to schedule an administrative license suspension (ALS) hearing after your
arrest. Although, scheduling a hearing is just the beginning – you
actually need to attend it and make an argument as to why your license
should not be suspended.
No one can predict an emergency or guarantee that they won’t forget
an important date, though. So what are you supposed to do now if you miss
your scheduled ALS hearing?
Your Presence is Not Required
When you request your ALS hearing, you prompt the state to get the ball
rolling to make this happen, but you are in no way in control of it. To
this end, if you do not show up to your ALS hearing, it is going to proceed
anyway. The presiding judge will handle the hearing as if you
are there but just woefully silent and invisible. When they call for arguments
as to why your license should not be suspended, only crickets will respond
and that will be the end of it – the suspension will continue as
planned. To get your ALS hearing scheduled, you may have paid upwards
of $150. Do not plan on getting any refunds if you missed your hearing.
The state does not care if you couldn’t make it, even if it was
due to an unforeseen and unpreventable crisis.
Time Has Not Run Out
The automatic suspension of your driver’s license does not happen
when your ALS hearing ends, it happens on the 31st day after your DUI arrest. If you missed your ALS hearing and 31 days
have not yet passed, there is a slight chance you could schedule
another ALS hearing. Typically, the Georgia Department of Driver Services (DDS)
are not known for being lenient, compassionate, or understanding. Being
granted a second ALS hearing can be tricky because the state considers
that it has done its part to give you a fair chance at defending yourself,
and now it would like to shift its attention on one of the probably-hundreds
of other people in a similar situation. To get the DDS’s approval,
you are probably going to need a lawyer.
At Fox Firm, P.C., our Lawrenceville DUI attorney has more than 20 years
of legal experience, including managing and successfully handling ALS
hearing concerns. To convince the DDS that you deserve to keep your license,
and that a second ALS hearing is acceptable, you will want Mr. Fox’s
knowledge of the law and administrative penalties, as well as his persistence
to see his cases to the end. Call
770-341-4882to talk to us about your case.
Remember:
you have very limited time to schedule an ALS hearing.