Once you have been arrested and charged with DUI, you have up to 10 days to schedule a hearing to stop the suspension of your license. Many people are overwhelmed by the charges against them and fail to send in the letter requesting a hearing. They then plead guilty to the charge and have their license suspended for a period of time.
The length of time that your license is suspended depends on several factors, such as prior DUI convictions and whether an accident or injury occurred. If this is your first DUI offense and there was no accident or injury your license will be suspended for a year, although you may be able to get a restricted license after one month. It is important to note that if you are charged with refusing a urine, blood or breath test your license will be suspended for a year without the option of a restricted license at any time. This is often referred to as a "hard suspension" of your driver's license.
You have the right to appeal the suspension of your license. A Alpharetta DUI lawyer can request an ALS hearing and present evidence the explains why your license should not be suspended.
Legal Assistance for ALS Hearings in Fulton County
An ALS hearing determines whether or not your driver's license will or will not be suspended. The following factors are considered during the hearing:
Did the arresting officer have reasonable grounds to believe you were under the influence and operating a vehicle?
Did an accident occur and did it result in a serious injury or a fatality at the time of the incident?
Were you advised of your implied consent rights and the consequences of refusing the blood alcohol concentration (BAC) test?
Whether or not you refused the BAC test
If you did take the BAC test did it register at a .08% or above for an adult, .02% or above if under 21 years old, or .04% or above if you hold a commercial driver's license?
Was the test administered correctly and were you made aware of your right to an independent test by a qualified person of your choosing?
These are major factors when determining if you will face the suspension of your license. Your defense lawyer may be able to provide evidence that shows there weren't reasonable grounds to arrest you. During this hearing, your lawyer can also utilize a variety of other defense actions that could help you retain your driver's license. If you do not win this hearing, you have the right to appeal the decision.
Contact a Roswell DUI Defense Attorney from the firm to assist you with your ALS hearing and to fight suspension of your driver's license.