In any case where the driver is suspected of and arrested for DUI in Cobb County, there will be the possibility of an administrative suspension of your Georgia driver's license or privilege to drive in this state. This is a separate proceeding from your criminal case but can have a significant impact on the proceedings if you do not have a DUI attorney in Cobb County GA by your side from the beginning.
It is important to hire a DUI attorney in Cobb County GA soon after arrest because you only have 30 days to properly request a hearing and appeal your license suspension. If you do not appeal the suspension within 30 days, your Georgia driver's license will be automatically suspended 46 days after your arrest.
Once your appeal has been filed, you will receive notice of the hearing date in the mail. This hearing is held in the Marietta Municipal Court and your case will be heard by an administrative law judge and not the judge presiding over your criminal case.
The officer is required to appear at this hearing. If he does not show up, there will be no license suspension.
This hearing can affect your criminal case in Cobb County, which is why you need to have the representation of a DUI attorney in Cobb County, GA at this early stage of your case who will utilize this hearing to gain vital information about the officer, his or her training, and the stop and subsequent arrest that will be essential in defending your case.
The penalties can be different whether you refused or submitted to the State breath test. If you refused the State breath test, you are facing a hard one-year suspension of your Georgia driver's license and you will not be eligible for a limited-use driving permit. If you submitted to the State breath test, you are facing a one-year license suspension but will be eligible for a limited-use driving permit to drive to work, school, and to seek medical care or treatment. You will also be eligible for early reinstatement after 30 days if you attend a Risk Reduction course (DUI School).
The penalties can be different if you are multiple DUI offender, under 21 years old, or are an out-of-state licensee which is why you need to contact a DUI Attorney in Cobb County GA to assess your case and advise you on the potential outcomes of an administrative license suspension hearing given the circumstances of your case.
If your license is suspended after an ALS hearing, even if you refused the state test, that suspension will be lifted if you ultimately win your criminal case and any reinstatement fees which have been paid must be refunded by the Department of Driver Services. A win can be a dismissal, a nolle prosequi, a plea to a reduced charge such as reckless driving, or an acquittal.