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Suspended License

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At Michael D. Barber & Associates, we counsel clients on avoiding administrative license suspensions. If you are charged with a suspended license there are several issues that could affect your case. Although each case is different, some of the basic standards apply to every case.

The first offense requires a minimum fine and two days in jail. The second offense requires a minimum fine and ten days in jail. Once you reach the fourth violation you potentially face a felony if convicted. That's right, you can become a convicted felon from a suspended license if your case is not handled correctly.

License Suspension and the Administrative License Hearing

There are several ways that you can receive a suspended license. The Georgia legislature established the suspended license charge under O.C.G.A. 40-5-121. This code section makes it illegal to drive if you are in possession of a suspended or invalid license.

Suspension issued from the Office of State Administrative hearings 

Administrative license suspension (ALS) is entirely different from the one you would face from a possible DUI conviction. Whenever someone is arrested for a DUI in Georgia the officer is required to take the drivers license and issue a ALS 1205 suspension form. This form is the notice of the officers intent to suspend YOUR driving privileges. This ALS suspension may be imposed even before you go to court to face the DUI charge. YES you read that correctly- you have to go to court in two different court systems from your DUI arrest. ALS is a civil hearing, meaning the same burden of proof required in a criminal case (beyond reasonable doubt) is not necessary to suspend your license, all that is required is any evidence to support the assertions of the officer that you were driving under the influence.

All the officer has to prove is that he had a reason to pull you over, had probable cause to arrest you, informed you of your implied consent rights promptly and completely, and you either refused to take the State's chemical test, or took the test and your results came back 0.08 grams or higher.

Suspended License Lawyer

If you refused the test, or your test results were .08 grams or higher, the arresting officer is required to send the 1205 form to the administrative division (OSAH- Office of State Administrative Hearings) for the Department of Driver's Services (DDS) to begin the suspension. This suspension can, and often does, go into effect even before you go to court.

To avoid an administrative suspension of your license, you must request a hearing in the following situations:

  • You refused to take the State's chemical test
  • You took the test and the results indicated a level of 0.08 grams or higher
  • You are under 21 years of age, took the test, and the results indicated a level of 0.02 grams or higher
  • If you have a commercial driver's license and your test results indicated 0.04 grams or higher

Your appeal to the DDS must be postmarked within 30 business days of your arrest, or your license may automatically be administratively suspended.

Being charged with a suspended license offense does not mean that you have to accept guilt, it means that you need a trained attorney to mount a proper defense.

 Our offices have a 24 hour response line (404-445-8494) and someone is available to answer your call and help. Call us now for a free case evaluation.

Areas We Serve

Fulton County, Johns Creek Municipal Court, Alpharetta Municipal Court, Roswell Municipal Court, Milton Municipal Court, Gwinnett County, Duluth Municipal Court, Lilburn Municipal Court, Norcross Municipal Court, Lawrenceville Municipal Court, Suwanee Municipal Court, DeKalb County, Decatur Municipal Court, Tucker Municipal Court, Doraville Municipal Court, Sandy Springs Municipal Court, Dunwoody Municipal Court, Walton County, Monroe Municipal Court, Loganville Municipal Court, Social Circle Municipal Court, Walnut Grove Municipal Court, Cobb County, Marietta Municipal Court, Smyrna Municipal Court, Powder Springs Municipal Court, Austell Municipal Court, Clayton County, Jonesboro Municipal Court, Morrow Municipal Court, Newton County, Covington Municipal Court, Rockdale County, Conyers Municipal Court, Barrow County, Braselton Municipal Court, Auburn Municipal Court, Winder Municipal Court, Forsyth County, Cumming Municipal Court, Hall County, Flowery Branch Municipal Court, Gainesville Municipal Court

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