Atlanta DMV Hearing Attorney
ALS Hearing Defense Lawyer in Atlanta, Georgia
An essential part of the DUI process in Atlanta is the DMV hearing, also referred to as the DDS hearing or ALS hearing. This is an administrative license suspension hearing held by the Georgia Department of Drivers’ Services, regarding the suspension of a driver’s license after a DUI arrest. You only have 10 days to schedule your ALS hearing after a DUI arrest. The failure to schedule this hearing will result in the automatic suspension of your driver’s license, regardless of whether you are found guilty of driving under the influence.
An Atlanta DUI lawyer can contact the DDS (Department of Drivers’ Services) for you to schedule your ALS hearing. A lawyer can also represent you at this hearing in order to work to have your driving privileges reinstated. In fact, having a skilled lawyer act as legal counsel for your ALS hearing can benefit the criminal side of your case as well, as the preparation done before the hearing and cross-examination of the arresting officer during the hearing can uncover important evidence that can positively affect the outcome of your criminal case.
Administrative License Suspension Hearings in Atlanta
An administrative license suspension hearing is held to determine:
- Whether the officer had probable cause to believe you were driving under the influence
- Whether you were properly arrested
- Whether you were informed of the consequences of refusing a breath test or blood test
- Whether you refused the breathalyzer test or blood test
- If you submitted to the breath or blood test, whether your blood alcohol level was above the legal limit
- Whether the tests were properly administered, the breath test machine was properly calibrated, etc.
In making a ruling, the hearing officer need only find a preponderance of evidence that these things occurred. This means that the hearing officer must determine whether it is “more than likely”. This is different from criminal court proceedings, where it must be proven beyond a shadow of a doubt.
Atlanta DUI Defense Attorney
When facing an ALS hearing, having a competent attorney on your side can make all the difference in the outcome not only of your hearing but of your criminal case as well. Judy Kim is an experienced Atlanta DUI defense attorney who is familiar with representing clients at license suspension hearings. She offers a free consultation to discuss your particular charges and see how she can help.
Contact Atlanta ALS hearing lawyer Judy Kim regarding your DUI charges in Atlanta, Georgia!
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