Most citizens are aware that a DUI conviction usually results in a driver’s license suspension. However, what many don’t realize is that even before a person goes to court to hear the charge against them, they can automatically have their driver’s license suspended through a civil proceeding by the Georgia department of motor vehicles.
Pay attention to the 10-day rule!
When a person is arrested for a DUI, the arresting officer will issue this person a 30-day temporary driver’s permit and take away their license. You need to pay close attention to this important piece of yellow paper. On the back of this document, it explains that you have 10 business days from the date of your arrest to request a hearing with the department of motor vehicles. If you don’t request a hearing, they will automatically suspend your license. An attorney, such as I can request a hearing on your behalf, but you need to act quickly! The department of motor vehicles will be made aware of your DUI arrest because the officer will submit a DDS 1205 sworn report to them.
Now that you know how important it is to request a hearing, be expected to receive a hearing date sent to your mailbox. Usually, the department of motor vehicles will schedule your date about 60 days after your arrest date. In this case, your 30-day temporary driving permit will be extended to the date of your hearing.
If you’ve heard of a myth that your hearing will be dismissed if the arresting officer is not at the hearing, you’re absolutely right. However, if the officer does show up to the hearing, he or she can at that time agree to withdraw the request to have your license suspended. It is a good idea for you to have your attorney present during this hearing to help speak on your behalf—especially if you refused to take a chemical test.
If you lose at the hearing, your license will be suspended for 30 days for a 1st offense (keep in mind that this is separate from the court proceeding where you may also lose your license). If you refused the chemical test, your license will be suspended for one year.
For anyone that goes to criminal court and is convicted of a 1st offense DUI, your license will be suspended for 120 days. This is why it is imperative for hire an experienced DUI defense attorney.
