What Are DDS Administrative License Suspensions/Revocations?
In most instances your license will be suspended after an arrest for DUI in the State of Georgia, including Gwinnett, Fulton, Dekalb and Cobb counties, a person’s license will also be administratively suspended by the Department of Driver’s Services for violations of these offenses:
- Refusal to submit to a test to determine the driver’s alcohol concentration (§40-5-55)
- Blood alcohol concentration (BAC) level requires suspension (§40-5-67.1)
- Georgia residents who have accumulated at least 15 points in any consecutive 24-month period (§40-5-57)
- Failure to Respond to Citation (§40-5-56)
- Noncompliance with Child Support Order (§40-5-54.1)
- Failure to pay the Super Speeder Fee (§40-6-189)
- Ignition Interlock Device Permit (§42-8-112)
- Medical Revocation (§40-5-59)
- Safety Responsibility (§40-9-3)
Revocations Triggered By Operation Of Law
In Gwinnett County Georgia, Fulton County Georgia, DeKalb County Georgia, Cobb County Georgia and within the State of Georgia a person’s license will be suspended operation of law by the Department of Driver’s Services for violations of these offenses:In the State of Georgia and all counties in Georgia, a person’s license will be suspended operation of law by the Department of Driver’s Services for violations of these offenses:
- Any moving violation conviction while driving with limited permit O.C.G.A 40-5-64 & 40-5-64.1
- Habitual Violator (§40-5-58)
- Violating conditions of limited permit (§§40-5-64, 40-5-64.1)
You Must Request A Hearing If You Wish To Drive While Your DUI Case is Pending
Remember, In the State of Georgia, DUI Arrest triggers two different battles and the possibility of two separate license suspensions. Failure to request a hearing with DDS is not advised because you will automatically relinquish your right to challenge any administrative license penalties you are facing and your driver’s license will be suspended. Furthermore, the license suspension hearing is an opportunity to depose or question the arresting officer prior to court trial without the presence of a prosecutor. You will be able to create a record or transcript of the arresting officer’s testimony. Palumbo Law can use this transcript to impeach the officer if he changes his testimony at trial. Failure to go to the administrative hearing without an attorney is detrimental. Most citizens are not versed on the rules of evidence and art of cross examination necessary to defeat the trained testimony of a police officer in just a few weeks time.
Dan began his legal career in 2005 when he entered Pace Law School in White Plains, New York, and graduated with honors in 2009. He has been practicing law since 2010, is a member in good standing with the State Bar of Georgia, admitted to practice before the Georgia Court of Appeals, and Supreme Court of Georgia. Dan is also admitted to practice before the United States District Court for the Southern District of New York, and the United States District Court, for the Northern District of Georgia. Dan is experienced in trial practice, cross-examination, and criminal litigation, including traffic tickets, DUI, misdemeanors, and felony cases. A driver’s license represents your freedom. You need a seasoned attorney protecting your freedom- you need Dan Palumbo.
30 Day Notice
In any Georgia DUI case, in all counties and townships in Georgia, you have 30 days to begin protecting your ability and privilege to drive. You have only 30 days from the date of your arrest to have Palumbo Law file an appeal with DDS to maintain your ability to drive during the pendency of the DUI case. The DSS appeal has a $150 filing fee and must be done to keep your ability to drive, or at least limit your license suspension in a HV case. Call Dan Palumbo to limit the suspension of your license and get your license restored as quickly as possible.
If requested, Palumbo Law will send the Thirty (30) Day Letter at no charge to you. You will need to pay any fee for the hearing but I will send the letter for you to preserve your rights. If retained, I will send the letter certified mail with a return receipt requested for proof of delivery. Preparing and sending the letter is free, but you must provide $150 filing fee for the Georgia Department of Driver Services. If you do not hire Palumbo Law, we will not receive any notice for your hearing and will not be tracking the case for you. It is your responsibility to make sure you appear at your license hearing, your license will most likely be suspended administratively for your Georgia DUI arrest if you fail to attend the hearing. Don’t go it alone, have Dan provide the expertise and representation you need.
TIMING OF HEARING
The Administrative license suspension hearing usually occurs between 45 and 90 days after the sending the letter. In some cases, the license hearing cane be delayed in excess of six months. It is necessary in some instances to obtain an extension of your driving permit from the Georgia Department of Driver Services while you await an administrative license suspension hearing.
FORM DDS- 1206 AND DEPARTMENT OF DRIVER SERVICES HEARING
Following a DUI arrest or the refusal to take a breath or blood test in Georgia, you will have your driver’s license suspended until the criminal court hearing. However, you have the right to file an appeal with the Georgia Department of Driver Services (DDS) to contest the suspension. To Contest a DUI/Administrative License Suspension, or Limited Consent License Suspension, the fee is $150. To contest a Permit Suspension for a 2nd DUI the fee is $250.
Upon receipt of your hearing request, filing fee, and the DDS Form 1205 from the arresting officer, the case will be docketed with the Office of State Administrative Hearings (OSAH), and the DDS will mail an extension of your temporary driving permit if your license/driving privilege is otherwise valid. You will receive notice of the date, time and place of the hearing by mail from OSAH. The appeal will allow you and your attorney to go to OSHA for a hearing to plead your case against license suspension.
The OSHA hearing is only to determine the initial license suspension, not to make a ruling on the criminal DUI charge. The Administrative License Suspension hearing determines whether the DUI defendant’s driving privileges will be suspended prior to a conviction of DUI in criminal court.
A conviction for DUI in criminal court carries other additional license suspension provisions in addition to the administrative license suspension. However, if you prevail at the administrative license suspension hearing you will keep your license until final resolution of your DUI case, and that can be many many months.
THE HEARING
Because the Administrative License Suspension Hearing is not a criminal matter the license holder does not have to appear, if she or he is represented by counsel (unless the license holder has been subpoenaed).
At the administrative license suspension hearing one of three things can happen:
- The Administrative License Suspension can be “rescinded” or dismissed by the failure of the arresting officer to appear;
- Your attorney and the arresting officer can enter into an agreement to “rescind” or dismiss the administrative license suspension; or
- A hearing will be held to determine if the arresting officer can present sufficient evidence of the need to suspend your driver’s license administratively for a DUI arrest.
At this hearing, an Administrative Law Judge will determine if certain statutory factors were met. The arresting officer (representing DDS) will testify first in order to establish that the factors were met. Dan will be able to cross-examine the officer to show that the necessary statutory factors were not present, if applicable.
The arresting officer must show that there was reason to believe that you were:
- driving a vehicle while under the influence of alcohol or drugs
- were lawfully placed under arrest
- an accident occurred as a result of you driving under the influence
In addition,that you were:
- properly read and advised of statutorily required consent laws,
- that the penalties for refusing a BAC test, and that you refused the test or were given a test with results above the legal limit for your classification of license
- that all tests were administered legally, handled by the correct individuals, and the machines used were in good working order
The administrative judge will make a decision within five business days. A decision favorable to the motorist will result in their driver’s license being reinstated, while a ruling supporting the officer’s testimony will result in suspension of the motorist’s driving privileges.