The administrative hearing in your Georgia DUI case is really a hearing to determine whether your drivers license or privilege to drive in Georgia will be suspended prior to the conclusion of your criminal case.  Yes, the Georgia Department of Driver Services (formerly known as the DMV) may seek to suspend your driver's license in connection with a DUI charge prior to you even having a trial upon your guilt or innocence of the charges.

If you are charged with a DUI in Georgia, the arresting officer most likely confiscated your drivers license and provided you with a yellow permit (known as a DPS Form 1205). Recently, the Georgia State Patrol has turned to electronically created 1205 forms.  Many DUI defendants served with these 1205 forms do not receive the rights advisement page formerly printed on the back of the yellow forms.  This is important because, unless you do your homework and understand the importance of the 1205 notice, you likely will not know that a 10-day letter must be filed in order to "stay" the proposed suspension of your driver's license which will take effect 30 days after your date of arrest.

If you have not already discovered this, you will soon learn that a drivers license is a crucially important piece of plastic.  Those without an actual drivers license typically suffer the following problems:

• They are unable to rent a car.

• They are unable to satisfy photo ID requirements needed to board an airplane.

• They are unable to enter any federal enclave.

• They are unable to cash a check.

• They are unable to satisfy document requirements for some employment.

• They are unable to obtain auto insurance.

• They are unable to apply for a bank loan.

If you are charged with a DUI and the officer served you a notice of intent to suspend your driver's license, you face an administrative suspension of your driver's license by the Georgia Department of Driver Services.  Administrative license suspension hearings in Georgia DUI cases are conducted by the Office of State Administrative Hearings.  Typically, the Georgia Department of Driver Services is represented by the arresting officer in your case.  However, in DUI cases initiated by the Georgia State Patrol, an attorney sometimes appears on behalf of the Department of Driver Services.

The administrative license suspension process intiatied by the filing of a Form 1205 has recently come under attack as a result of officers failing to comply with the requirement that the contents of the forms be sworn to under oath. This requirement of O.C.G.A. 40-5-67.1 has been completely ignored in hundreds, if not thousands, of administrative license suspension cases.

A Rockdale County Superior Court Judge has recently issued a temporary restraining order against the imposition of administrative license suspension in numerous cases as a result of officers failing to comply with requirements of O.C.G.A. 40-5-67.1. Before you concede the validity of an administrative license suspension in your case, contact our office and Georgia DUI lawyer Ben Sessions.

Unlike many lawyers, our Georgia DUI lawyers do not merely concede that your license will be suspended as a result of the administrative license suspension.  Our Georgia DUI lawyers understand the administrative license process and we understand how to use the administrative license hearing to your advantage.  Follow this link for a list of locations where administrative license suspension hearings are held.