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Georgia DUI DMV Hearing
In Georgia, you may automatically lose your license if you fail or refuse to take a breath test during a driving under the influence (DUI) arrest.
To contest this automatic license suspension, you must request a hearing with the Department of Motor Vehicles (DMV)
within ten days of your DUI arrest
. Because of the tight deadline, you should hire an experienced DUI attorney quickly to represent you in this hearing.
Implied consent laws state that you must comply with an officer’s request to take a chemical test if
suspected of DUI
; in fact, you gave your consent for this testing when you applied for your driver’s license. By refusing to take
a breath test
, you violate the implied consent laws and can be punished by an automatic DMV license suspension.
A DMV hearing is used to determine whether your driver’s license should be suspended after being charged with DUI. This hearing is entirely separate from the criminal proceedings you may face and are held at the DMV rather than court.
During a DMV hearing, the judge will address issues such as if you took a breath, blood, or urine test and if the officer had probable cause to believe that your driving was impaired. Other issues may include your BAC at the time of arrest, whether or not you refused or failed to submit to a chemical test, and if you were placed under arrest.
If your hearing does not go well, your license may be suspended. However, in some cases,
you may be eligible for a limited or restricted permit that would allow you to drive to and from school, work, and other approved locations
. Your attorney can help you request a limited driving permit.
If you have been arrested for drinking and driving, you need to hire an experienced DUI attorney to represent you during the DMV hearing. The attorneys at The Willis Law Office represent clients in both the DMV hearing and in criminal court. Your driving privileges are too important to leave to chance—after all, you probably have to drive every day to get to work or to drive your children to and from school and childcare.
Submit your case online today to speak with an experienced attorney about your rights during this time.