Question:What happened during a license hearing after getting a DUI? I’m interested in hearing what the process is like.
Answer:The hearing is called “Administrative License Suspension” hearing a/k/a ALS Hearing. You must request (file) a hearing within ten business days and include a $150.00 payment to the State of Georgia to receive a hearing. If you don’t follow this procedure, your license will be administratively suspended, (and you haven’t been convicted of a DUI). The hearing is limited to the issues that are listed on the back of the DDS Form 1205 that you should have received from the officer.
Your DUI attorney can cross-examine the officer(s) that testifies for the State. Many times Drivers don’t win the ALS hearings. But, the cross-examination of the officer can produce the testimony (evidence) that you need to help you win the actual DUI case. You should retain the most experienced and qualified DUI attorney that is available to you ASAP.
The attorney may be able to reach an agreement with the officer before the hearing. Finally, if you lose the ALS hearing it does not mean that you are found guilty of the DUI. At the ALS hearing the court can only order the administrative suspension of your license. The ALS court cannot sentence you to jail or any other penalty available to the criminal court.
I hope this information has been helpful.