What Issues Can Be Addressed in a Georgia DUI Administrative License Suspension Hearing?

A common question we receive from clients is about what issues can be addressed during a Georgia DUI administrative license suspension hearing. By the end of this article, you’ll understand these issues, how they’re raised, and the strategic value these hearings can provide beyond just the license suspension matter.

The Purpose of Administrative License Suspension Hearings

First, it’s important to understand that an administrative license suspension hearing is not a trial on the DUI case itself. This hearing isn’t about determining whether you’re guilty or innocent of DUI charges. The hearing has a specific, limited legal purpose focused on your driving privileges.

The primary legal purpose is to determine whether your license should be administratively suspended based on four specific issues (which we’ll cover below). However, these hearings can serve several strategic purposes in your overall DUI defense:

• Getting the officer’s testimony under oath
• Questioning the officer prior to trial
• Creating a transcript that can be used in negotiating the DUI case
• Fighting the administrative license suspension itself
• Potentially negotiating with the officer regarding the license suspension

The Four Key Issues Addressed in Administrative License Suspension Hearings

When conducting an administrative license suspension hearing in Georgia, a judge is limited to making decisions on these four specific issues:

1. Whether the Officer Lawfully Arrested You for DUI

This can include examining:

• Whether you were actually driving or operating a moving vehicle
• Whether you were under the influence of alcohol or drugs at the time
• Whether the officer took the proper steps in conducting the arrest

2. Whether the Officer Properly Notified You of Georgia’s Implied Consent Rights

This includes examining whether you were properly informed about:

• Your rights under Georgia’s implied consent law
• The consequences of refusing a state-administered chemical test

3. Whether You Refused the Test or Showed a “Per Se” Result

If the officer alleges you refused the test, this will be examined.

If you took the test, the hearing will look at whether it showed a “per se” result:

• For drivers 21 or older: 0.08% BAC or greater
• For drivers under 21: 0.02% BAC or greater
• For commercial vehicle operators: 0.04% BAC or greater

4. Whether Tests Were Properly Administered

This examines whether:

• Tests were administered by someone with proper credentials through the Georgia Bureau of Investigation
• The testing device was properly approved by the Georgia Bureau of Investigation

Important Considerations About These Hearings

There are a few key points to understand about administrative license suspension hearings:

1. Negotiations with officers are limited: If you’re negotiating with the officer at this hearing, you’re only negotiating whether your license will be administratively suspended. Officers sometimes try to get individuals to sign forms agreeing to plead guilty to the DUI charge, which can impact your defense options.
2. These are formal hearings: While administrative license suspension hearings have more relaxed rules of evidence and procedure than criminal trials, they still follow specific rules. If you don’t properly raise valid issues during the hearing, you could lose when you should have won, resulting in an unnecessary license suspension.

Getting Help With Your Georgia DUI Administrative License Suspension

If you’re dealing with an administrative license suspension hearing related to a Georgia DUI charge, it’s important to have experienced legal representation. Even if you have valid arguments under one of the four key issues, failing to present them properly could result in losing your driving privileges.

At Ghanouni Teen & Young Adult Defense Firm, we focus on protecting the futures of people in their teens through their mid-twenties when they get in trouble with the law. Our team understands the intricacies of administrative license suspension hearings and how they fit into the broader DUI defense strategy.

Contact our office for a complimentary defense strategy meeting to see how we can help you navigate this process and protect your driving privileges.

This article provides general information and is not specific legal advice for your case. If you need specific legal advice, please contact our office.