The Georgia Department of Driver Services (DDS) has the right to suspend or revoke your drivers’ license while criminal (usually DUI) charges are pending if:
- you took a breath test and the results are above the legal limit for your class of license, or
- you refused to take a test at the officer’s request
During the hearing, an Administrative Law Judge (ALJ) will decide whether the police officer had a legal right to stop you and a legal right to arrest you.
This means that just about anyone who has a DUI charge needs to go to a hearing in order to get their license back.
If you took a test, the judge will also determine whether your test for alcohol content was legally above the limit.
If you refused a test, the judge will determine if you in fact refused, or whether you were justified in refusing to take a test. If the evidence supports the arrest and evidence against you, your license will be suspended.
It’s a good idea to bring your lawyer to this hearing.