You will likely face a Georgia license suspension if you are arrested for a DUI in Georgia. Once you’ve been arrested, call Statesboro DUI lawyer Matt Hube for a free case evaluation and to go over your options. If you blow into a breath testing device and submit a sample of .08 BAC or higher, or you refuse to provide a breath sample, your license from the State of Georgia will be confiscated and you will receive a Notice of Suspension. That notice serves as your acting license until the suspension takes effect. From the time of your arrest, you only have 10 business days to challenge the suspension of your Georgia driver’s license. Holidays, weekends, and the day you were arrested do not count toward the 10 business days.
If you have a Georgia driver’s license, but are arrested for a DUI in a different state, the State of Georgia may still suspend your license once the arrest gets reported. If this is your situation, you have very little time to challenge the suspension of your Georgia driver’s license. The arresting state suspending your license has a direct effect on what the State of Georgia will do in your case. Once you’ve received a notice of suspension, let Matt Hube, Statesboro DUI lawyer, represent and guide you.
After your Georgia DUI arrest, hire Matt Hube, and he will file the appeal for your driver’s license suspension. If you have not hired him within 10 business days from when you were provided notice of your Georgia license suspension and did not file the appeal yourself, your license will be suspended on the 31st day following your arrest. The officer that arrested you should have given you instructions on how to file, but since the hearing in your case is adversarial and the State will be represented by an attorney, you should be represented by a veteran Stateboro DUI lawyer, Matt Hube. These hearings include many legal rules and practices which are not waived if you decide to represent yourself.
Once the appeal of your license suspension has been filed within the 10 business day period of time, the State of Georgia will set a date for an ALS hearing. The State has to prove four things for an administrative DUI license suspension, because the burden of proof is always on the State:
1. Whether the officer had reasonable suspicion that you were operating or in actual physical control of a motor vehicle while under the influence of alcohol or drugs;
2. Whether the officer properly informed you of the Implied Consent Law;
3. Whether you either refused the test, or tested .08 or higher blood alcohol content;
4. Whether the tests were properly administered by a qualified person and the machine was operating within the guidelines established by the State for DUI breath testing.
If these elements are found to be true by the findings of the judge, your driver’s license in Georgia will be suspended. If the judge finds that any of these elements were NOT met, you will have your driving privileges restored and your license will not be suspended. If you have been arrested for a DUI in Georgia, call Matt Hube, Statesboro DUI lawyer, right now to discuss your case.