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Georgia DUI License Suspension Hearings: How a 1205 Hearing is Conducted

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An Administrative License Suspension (ALS) Hearings begin with a notice from the arresting officer to the driver of the intent to suspend their driver’s license. A hearing is then scheduled to determine if the license should actually be suspended.

At an Administrative License Hearing, the judge will first call the calendar. Just like in school, this is basically a role call to ensure everyone is present. If the arresting officer is not present, the suspension hearing is generally dismissed and the license will not be suspended. If the defendant is not present, the license will likely be dismissed without a hearing due to the absence.

After Calendar Call, the defendant, or his attorney, will negotiate with the law enforcement officer. The two sides will discuss aspects of the arrest and a Georgia DUI Lawyer can point out holes in the methods and procedures used in the stop or arrest that may convince the arresting officer to consent to a reduction. The law enforcement officer will be looking for the defendant to agree to plead guilty on the actual charges in court at a later date. If the two sides cannot come to an agreement, they will go before the judge who will decide the merits. Generally, if it goes to a hearing, the law enforcement side almost always prevails as the threshold to suspend is fairly low.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws. Please don’t hesitate to  Call or Email us with any questions regarding a license suspension, at our law firm your first consultation is confidential and free of charge.

About the authors: John Breakfield and David B. Purvis are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Driver’s License Suspensions, and other Georgia Criminal Defense matters. The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Banks County (Homer) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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