In most cases, you have 30 days after a DUI to request an Administrative hearing. Though this time frame has been expanded during COVID-19, I advise all my clients to make their request within 30 days just to be safe. The consequences for missing this deadline are serious: if you do not request a hearing within 30 days, your license is going to be suspended. Therefore, I would not advise my clients to rely on temporary extensions unless absolutely necessary, and to file within 30 days instead.
What Happens If I Miss the Deadline to File for my License Hearing?
Missing the deadline means an automatic suspension of your license without any appeal process. This suspension can have significant impacts on your daily life, including your ability to commute to work or fulfill other essential duties.
Next Steps
If you miss the deadline, consult with an attorney immediately. While the appeal options are limited, a lawyer may help mitigate some of the repercussions.
Who decides my DDS Hearing/Administrative hearing?
Administrative law judges oversee these hearings. They are not part of the criminal court system and focus solely on administrative matters related to driver’s licenses.
Hearing Procedures
The hearing typically involves reviewing evidence such as police reports and BAC results. The judge will decide if there was probable cause for the DUI arrest and whether your license should be suspended.
If my BAC Level was Below 0.08, Why Wouldn’t the DDS Automatically Dismiss my Case?
Even if you had a blood alcohol concentration of under the legal limit (or 0.08%), you can still be convicted of a DUI, and the DDS can still suspend your driver’s license for a year. This is because Georgia has a DUI statute that is bifurcated. That means that there are two DUI statutes that are both the same charge and carry the same punishments, but they are two different things, one of which is considered a stronger case.
The first statute of a DUI is the U-BAL, or unlawful blood alcohol level. A DUI U-BAL means that there is evidence which proves that you were driving while over the legal limit for blood alcohol concentration. The second statute of a DUI is driving impaired because of alcohol.
In a case where you had a BAC under the legal limit (i.e., below 0.08%), you could still be found guilty of a DUI if the District Attorney’s Office can prove to a jury beyond a reasonable doubt that you were an impaired driver because of alcohol. That is all the statute requires. It does not require that you be over the legal limit.
It is much more difficult to prove before a jury that you were impaired by alcohol while driving with blood alcohol levels under the legal limit. However, if they convince the jury beyond a reasonable doubt that you were driving while impaired by alcohol, it does not matter if your blood alcohol level was under the legal limit, and you can still be found guilty of a DUI. This is true both in the criminal court and at your Administrative hearing.
Is it Even Possible to Win at my DDS Hearing? If I do Win, Will it Help my Criminal Case?
It is very unlikely that you will win a DDS hearing. It is far more beneficial to have an attorney with the relationships and the skills necessary to stop your driver’s license being suspended. Your attorney can do this by negotiating with the officers or the lawyer for the Public Department of Safety before you even get to an Administrative hearing.
In the highly unlikely event that you won your DDS, it would have no effect on your DUI case. It would simply prevent your license from being suspended.
If I Refused a Breath or Blood Test, How Will That Impact my DDS Hearing?
If you refuse a breath or blood test, and you wind up having an administrative hearing, your refusal may affect how long your license is suspended.
If you go to a DDS hearing and they find that there was probable cause for your arrest, then you will have your driver’s license suspended. This is almost always the finding of DDS hearings. How long the suspension lasts will be determined by whether you refused testing and whether you were over the legal limit.
According to Georgia Law, if you refused the testing, you will get a one-year suspension. If you were under the legal limit or over the legal limit but you complied with testing, then you will get a four-month suspension during which you get a limited permit.
However, it should be noted that a competent attorney should be able to argue against any license suspension, but especially against a one-year suspension. In addition, refusing to take a breath or blood test when stopped for a DUI can be beneficial to you in your criminal trial, as it means that the DA often does not have hard evidence to show a jury your blood alcohol level while you were driving.
Do I Need an Attorney for a DDS Hearing?
Benefits of Legal Representation
Having an attorney significantly increases your chances of a favorable outcome. Attorneys can negotiate on your behalf, understand procedural nuances, and present a strong defense.
Risks of Self-Representation
Self-representation is risky as most individuals lack the legal expertise and experience needed to navigate these hearings effectively.
Can Someone Realistically Handle A DDS Hearing Without an Attorney?
Legal Self-Representation
While legally permissible, handling a DDS hearing without an attorney is not advisable. The complexities of the law and procedural requirements often require professional legal knowledge.
Potential Outcomes
The likelihood of achieving a favorable result without legal representation is low. It’s akin to gambling with your driving privileges, which can have far-reaching consequences.
Frequently Asked Questions
- How can I ensure my request for a hearing is filed on time? Consult with an attorney immediately after your arrest to ensure all deadlines are met.
- What evidence is considered at a DDS hearing? The evidence typically includes police reports, BAC test results, and witness testimonies.
- Can I appeal the decision of a DDS hearing? In most cases, there is no appeal process for DDS hearing decisions.
- What happens if I win my DDS hearing? Winning the hearing prevents your license from being suspended but does not impact your criminal DUI case.
- How does the DDS hearing affect my daily life? The outcome of the hearing directly impacts your driving privileges, affecting your ability to commute and perform daily tasks.
- Can an attorney negotiate a lesser charge before the hearing? Yes, an experienced attorney can often negotiate with officers or the Public Department of Safety to potentially avoid the hearing altogether.
Conclusion
Navigating the complexities of a DDS hearing after a DUI arrest requires prompt action and informed decisions. Hiring an attorney, understanding the legal nuances, and adhering to deadlines are crucial steps in protecting your driving privileges.
For more information on Requesting A DDS Hearing After DUI Arrest, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (912) 236-4878 today.
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