DMV Hearings in Marietta

Marietta DUI Defense Lawyer for License Hearings

If you fail or refuse to take a breath test after being arrested for DUI, you can automatically lose your license. After being charged with DUI, you will be given a temporary license. The only preventative step you can take to protect your driving privileges is to request a hearing with the DMV within 10 days of your DUI arrest. If you do not request an administrative hearing during this window of time, the DMV will automatically suspend your license in 30 days.

You can request a hearing by either sending a letter or calling the DMV directly; also, if you hire a DUI attorney, this is something he/she can handle on your behalf!

Criminal Proceeding vs. a DMV Hearing

A DMV hearing is separate from a criminal proceeding. During the hearing, a hearing officer will examine whether the officer had probable cause to believe you were driving impaired and whether or not you took a breath, blood or urine test. Other matters that are usually addressed are what your BAC level was at the time of your arrest, whether you were lawfully arrested and whether you were warned that failing to submit to a chemical test can result in a one to five year license suspension (depending on your record). Before arresting you for drunk driving, an officer should first read Georgia's Implied Consent Notice and request that the driver take a chemical test.

The arresting officer will be sworn in to testify about the arrest. Usually if the officer does not show up, you have a good chance of retaining your driver's license by default. If the officer does show up, a DUI lawyer can help you cross-examine the officer. Whatever is said during the officer's testimony can be used in your defense in criminal court.

You may use any witnesses or present any evidence that could assist in exonerating you and restoring your driving privileges. A hearing officer will listen to your arguments and determine whether your license should be restored.

Why hire a DUI attorney to represent you?

Because DUI laws and procedures can get technical and because there is no independent judge (only a hearing officer who is an employee of the DMV), it is inadvisable to represent yourself. For the best chance to have your suspension thrown out, it is important you hire an experienced Marietta DUI attorney who understands the intricacies of DUI laws and the nuances of the DUI arrest process.

I, Attorney Jill Stahlman, have more than 20 years of legal experience representing residents of Georgia. I can request documents and police reports in the DMV's possession and use these as evidence in your hearing. I can help you know what you should bring up in your oral testimony and which witnesses would be smart to subpoena. 

For the aggressive legal representation you need on your sight to fight for your driving privileges, contact my office today at (888) 397-1860; my firm is pleased to provide prospective clients with a free initial consultation.