As a north Georgia DUI defense law firm, we help drivers with the many legal problems that arise when they are arrested for a DUI. One of the most potentially damaging cases involves an administrative license suspension.
If you are arrested for a DUI in Georgia, and the arresting officer hands you an “implied consent” DS 1205 yellow slip, your driver’s license is in jeopardy. The DS 1205 is a permit to drive for 30 days, and once it expires, your license will be suspended, even if you have not had your day in court.
Guilty or not, you have ten days to file for an administrative license hearing. Miss this deadline, and kiss your license goodbye.
Dealing with an Administrative License Suspension Case
Here are the facts about the problem you are facing:
- You are not required to take any kind of roadside DUI test before you are actually arrested. It is your right to refuse, and your license cannot be taken at this time.
- If you are arrested, look for a DS 1205. You will most likely be asked to submit to some kind of DUI test—blood, breath, or urine. Drivers who are 21 and older must test below 0.80%; commercial drivers’ limit is 0.04%, and underage drivers’ is 0.02%.
- If you refuse the testing after your arrest, hold out your hand, as you will still receive the DS 1205.
- You need to file a request for a hearing right away, which will cost you $150. You have ten business days to do so.
- If you lose the hearing, your chances of beating the actual DUI decrease greatly.
In a situation like this, your best bet is to get some legal help immediately. At the Law Office of Scott Miller in Alpharetta, we can handle the hearing request and offer you effective, experienced Georgia DUI representation. Call us today at 770-408-1001.
