If you are charged with DUI in Georgia, the arresting officer is required to fill out a form from the Georgia Department of Driver’s Services (“DDS”) called a DDS 1205 Form. If the officer fills out this form, the arrested driver must request a hearing with DDS within 10 business days of his or her arrest. It should be noted that the driver must also send a $150.00 payment along with the request following the procedures outlined in the form. If the driver does not request a hearing within the deadline, the driver’s license will be suspended (the time depends on the circumstance of the case) pending the outcome of the criminal case. The hearing on the DDS 1205 is commonly called an Administrative License Suspension Hearing or an ALS hearing for short. If you are charged with a DUI by Cobb County PD, Marietta PD, Smyrna PD, Acworth PD, Austell PD, Kennesaw PD, KSU PD, SPSU PD or Powder Springs PD, the ALS hearing will be heard on a Monday morning at 8:30 a.m. in Marietta Municipal Court.
Despite the fact that officers are “required” to fill out this form, sometimes they don’t do so for a number of different reasons. One reason some officers don’t fill out and submit the form is if the arrested driver was cooperative and the officer wants to “cut him or her a break.” Another reason is that the officer doesn’t want to have to attend an early court appearance for the ALS hearing when they have worked a late “morning watch” shift the night before the hearing. Just because the officer doesn’t fill out and submit the form does not mean that a license suspension will not happen in the future; your license can still be suspended as a result of the disposition in the criminal case.
If the DDS 1205 Form was submitted by the arresting officer and if you request a hearing the proper way, the hearing will be for the sole purpose of determining if your privilege to drive in Georgia will be suspended pending the outcome of the DUI criminal case. In the criminal case, the prosecutor must prove a defendant’s guilt beyond a reasonable doubt. At an ALS hearing, the arresting officer only has to show the judge, by a preponderance of the evidence, that certain factors existed when the officer stopped and arrested the driver for DUI. The ALS hearing is not for the purpose of determining if you were “guilty” of being a DUI driver.
Our firm routinely handles DUI 10-day requests for hearings for our clients. We have the skill and experience to put our client’s in the best possible position to achieve a positive outcome at the ALS hearing and in the criminal case. Call us at (770) 771-5097 for a free consultation about your DUI case.