License Following a DeKalb County DUI
For 30 days following an arrest for a DUI, the individual can still legally drive without any limitations if they file the required documents. However, if they do not take steps to retain their driving privileges, they will eventually lose them.
It is important that there is a recent change in DeKalb County regarding one’s ability to drive following a DUI arrest. Instead of ten days to file an administrative hearing, a person now has 30 days to file a hearing. People may also have the option to have an ignition interlock device installed on their vehicle within 30 days instead of filing a hearing. Doing so can prevent them from facing any type of hard suspension. Instead, they can be eligible for a limited permit to drive for a year.
Call today to learn more about your license following a DeKalb County DUI and how an attorney could help you. Let a seasoned DUI lawyer fight for you and your rights.
Challenging a Driver’s License Suspension in DeKalb County
A person can challenge the suspension of their license following a DeKalb County DUI by retaining a lawyer who could file the paperwork for them. To get an administrative hearing, one has to file a request. The request for the hearing is sent to the Department of Drivers Services (DDS). Once the DDS receives the request, it sends it to the Office of State Administrative Hearings to schedule a hearing on the matter. The hearing will be in front of an administrative license judge.
At the hearing, the individual has the ability to contest whether they were operating a vehicle and whether there was sufficient evidence to arrest them for a DUI. A person could dispute whether the implied consent was read in a timely manner and if it was accurate. They may also challenge whether the results of a breath test resulted in a blood alcohol level at 0.08 percent or more.
What if Someone Does Not Challenge Their License Suspension?
If a person decides not to challenge the suspension of their license, their license will be suspended for a year. If they refuse a state test, they face a hard suspension with no ability to drive. If the individual took the state test, they are eligible for a permit immediately. After 30 days in a suspension with a permit they are eligible to have their driver’s license reinstated.
Administrative Hearing Process
To challenge a license suspension, the lawyer files a request for a hearing that is sent to the Office of State Administrative Hearings to schedule a hearing on a calendar. The defense lawyer and the police officers try to work towards reinstating the person’s driver’s license. If that cannot be done or the driver’s license case cannot be resolved, the defense has an opportunity to have a hearing on the matter.
A judge hears all of the evidence and determines whether the police officer meets their burden, which in a civil case is proving the case by a preponderance of the evidence. It is not the same as a criminal case in the sense that a criminal case requires proof beyond a reasonable doubt. Instead, the civil case has a burden of proof of 50.1 percent more likely than not that it happened. It is difficult to be successful in challenging unless there is a legal issue. However, a seasoned lawyer could help a person receive a favorable outcome.
Temporary Driving Permits
In Dekalb County, a person may be able to get a temporary driving permit. When someone is convicted of an alcohol-related DUI that is their first DUI in a five-year period, they are eligible for a permit. If they took a breath test and the results are above .08 grams or more, they are eligible for a permit. However, if they refused the breath test and the suspension is upheld, they are not eligible for a permit. For a second DUI offense within a five-year period, the individual might not be eligible for a permit.
Obtaining an ID Following a License Suspension
If a person has their license suspension, they could go to the Department of Drivers Services to request an identification card. The suspension of their license does not prevent them from obtaining an ID card because it is not a driver’s license. If someone needs an identification card, they should get one if their license is suspended.
To learn more about your driver’s license following a DeKalb County DUI, reach out to an experienced lawyer. A dedicated attorney could advocate for you.