Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

341 Lawrence Street
Marietta, GA 30060
770-900-9175

  • Home
  • Practice Areas
    • Criminal Defense Attorney
      • Assault & Battery
      • Bench Warrants
      • Burglary
      • Bail Bonds
      • Drug Crimes
      • Hit and Run
      • Homicide
      • Juvenile Defense
      • Misdemeanors
      • Probation Violations
      • Resisting Arrest
      • Sex Offenses & Rape
      • Stalking
      • Theft
      • Weapons Offenses
      • White Collar Crimes
    • Divorce
    • DUI Defense
    • Georgia Gun Trust
    • Gun Trust
    • Personal Injury
      • Brain Spinal Cord Injuries
      • Dog Bites
      • Distracted Driver
      • Medical Malpractice
      • Motorcycle Accident
      • Pedestrian Bicycle Accidents
      • Personal Injury Compensation
      • Reckless Driver
      • Trucking Accidents
      • Wrongful Death
    • Traffic Violations
  • About the Attorney
  • Blog
  • Contact
You are here: Home / Criminal / Arrested for a DUI – How Do I Get My License Back?

February 2, 2017

Arrested for a DUI – How Do I Get My License Back?

When an officer arrests you for driving under the influence (DUI), you will be asked to submit to a blood/alcohol test. You may either comply or refuse. If you comply and your blood/alcohol content is 0.08 or greater, then the officer will confiscate your driver’s license and report the incident to the Department of Driver Services (DDS). The officer will do the same if you refuse the test. Your driving privileges could be suspended for a year if you don’t act quickly.DUI Defense Attorney

10-Day Letter

The officer will complete the DDS Form 1205, and after you receive it, you have ten business days to request an administrative hearing to prevent your license from being suspended. This request is known as the “10-Day Letter” and must be sent to the DDS by certified mail with a $150.00 filing fee. The DDS will notify you of the hearing, which is usually scheduled within 30 days after they receive this letter.

If you don’t send this letter, your license will be suspended.

ALS Hearing

The Administrative License Suspension (ALS) hearing is heard in a civil court and is separate from the criminal aspect of your DUI. The judge will review the evidence, which will probably be provided by the arresting officer, and you will be permitted to cross-examine the witness, testify, and submit evidence. The judge will determine whether your license will be suspended or not.

DUI Attorney

While you can appear in court without a DUI lawyer, you are more likely to achieve better results with a criminal defense attorney advocating on your behalf. Your attorney will know what to include in the 10-day letter and the timelines in which documents are due. In court, your attorney will argue for you and question the arresting officer. Your attorney will determine if your arrest was legal, question the test results and the apparatus which generated those results, and ensure that the officer instructed you about your implied consent rights.

You can find more information about the statute regulating the above by researching O.C.G.A § 40-5-67.1

Filed Under: Criminal, Ga State laws Tagged With: DUI

Contact Us

  • This field is for validation purposes and should be left unchanged.

Thirteen People Arrested in Major Drug Bust

After they executed several search warrants in central Georgia, authorities seized forty pounds of … [Read More...]

Is Domestic Violence a Big Deal?

It depends on who you ask. Most defendants don’t think domestic violence is a big deal, especially … [Read More...]

Breaking Down a Retail Theft Case in Cobb County

It’s a victimless crime. The store just writes off the loss. The rich manufacturer doesn’t care … [Read More...]

What Are the Crimes That Can Get You Deported?

Prior to 1924, between 10 and 15 percent of Americans were foreign born. Then, Congress passed the … [Read More...]

Collateral Consequences of Criminal Convictions

Direct consequences of criminal convictions include lengthy incarceration, high fines, and extended … [Read More...]

The Phillips Law Firm, LLC
341 Lawrence Street
Marietta, Georgia 30060
770-900-9175

Copyright © 2023 · Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer client relationship.