Administrative

License-suspension Hearings
Georgia administrative license-suspension hearings are handled by the Office of State Administrative Hearings. These administrative hearings
are usually held before the criminal case on the
DUI. When I first meet with clients who have been
charged with DUI, they are often surprised to
learn that there are two ways their license can be
suspended in Georgia. Their license can be
suspended administratively because having a
license to drive in Georgia is considered a privilege and not a right. It can also be suspended is
by an actual conviction for driving under the
influence. This section deals strictly with the
administrative suspension of ones license. Its
important to understand that not all DUI cases
result in an administrative license hearing. It
usually depends on department policy or the

officers individual discretion whether to initiate

an administrative license suspension. This is done
by the officer completing a DS1205. This is a
sworn affidavit that the officer submits informing
the state of the drivers arrest for driving under
the influence. A copy of the DS1205 is usually
given to the driver at the same time as the
citation for DUI. If a driver receives a DS1205, they
MUST submit a hearing request to the Department of Driver Services within 10 business days.
Failure to request a hearing will result in an
automatic suspension of the drivers license
30 days after the arrest for the DUI. A hearing
fee of $150.00 must also be included with that
written request. The written request for a hearing
should include the following information:

1. The name, address, drivers license number

and date of birth of the licensee,

6. A written request setting forth the relief

sought, and

2. The suspension type & effective date thereof,

7. If the party filing the request is represented by

counsel, the name and address of the counsel
will also be needed. Appeals submitted by the
attorney should be signed by the attorney.

3. The names & addresses of all interested

parties,
4. A clear and concise statement of the facts
upon which the contested case arises,
5. The legal authority under which the appeal is
filed, including all Code sections,

After a request for hearing is submitted, it can

take between 30 to 60 days for a hearing to be
held. The hearing is conducted by an administrative law judge. It is very interesting that many of
these hearings used to be heard by former state
troopers and members of the Department of

Driver Services. Talk about the fox guarding the

henhouse.

1. Whether the law enforcement officer had

reasonable grounds to believe that the person
was driving or in actual physical control of a
moving motor vehicle, while under the
influence of alcohol or a controlled substance,
and was lawfully placed under arrest for
violating Georgias DUI law, or

age of 21, the maximum alcohol

concentration is 0.02 grams or more. A person
operating or having actual physical control of
a commercial motor vehicle, should not have
an alcohol concentration of 0.04 grams or
more. The final item that is contained in the
scope of the hearing is whether the test or
tests were properly administered by an
individual possessing a valid permit issued by
the Division of Forensic Sciences, of the
Georgia Bureau of Investigation, on an
instrument approved by the Division of
Forensic Sciences or a test conducted by the
Division of Forensic Sciences, including
whether the machine at the time of the test
was operated with all its electronic and
operating components, prescribed by its
manufacturer, properly attached and in good
working order, which shall be required.

2. Whether the person was involved in a motor

vehicle accident or collision resulting in a
serious injury or fatality, and
3. Whether at the time of the request for the test
or tests, the officer informed the person of
their implied consent rights and the
consequence of submitting or refusing to
submit to such test, and
4. Whether the person refused the test or
whether a test or tests were administered, and
the results indicated an alcohol concentration
of 0.08 grams or more. For a person under the
As noted above, the only way for an administrative license-suspension hearing to be initiated is
by the officers completion of the DS1205. If the
officer did not submit a DS1205 form, there will be
no administrative license suspension. That is one
less hurdle for someone who has been cited for
driving under the influence in the State of Georgia. It has been my experience that a DS912 is
submitted in approximately 70 percent of the DUI
cases that I handle.

The scope of an administrative license-suspension hearing for driving under the influence is
limited to the following matters:

After the ALS hearing is conducted, the judge

usually issues a final decision within 2 to 3 weeks.
Since the threshold for overcoming an ALS is so
high, many suspensions are granted as a result of
the hearing.
ALS suspensions are governed by a 5 year
look-back period instead of a 10 year look back
period. I do not believe it will be long before the
Georgia Legislature also adjusts the administrative look-back time to 10 years.

First Administrative License Suspension for DUI:

The consequences for a first suspension that is done administratively are as follows:
1. Suspension for a minimum 30 day period.
2. A limited driving permit is available and
requires the payment of $25.00. It is valid for
30 days from the date that it is issued and is
renewable every 30 days for $5.00. A limited
driving permit can only be obtained in
person at any Georgia Department of
Driver Services location.

3. In order to get their complete license

reinstated, the driver will have to submit an
original certificate of completion of a DDS
approved DUI alcohol or drug use reduction
program as well as pay a $210.00
reinstatement fee.

Second Administrative License Suspension for DUI:

The consequences for a second administrative suspension within 5 years are as follows:
1. Suspension of driving privileges for a
minimum 18 month period beginning on the
effective date.
2. There is no limited permit available for a
second suspension.

3. Reinstatement requirements require the

submission of an original certificate of
completion of a DDS approved DUI alcohol or
drug-use risk reduction program and the
payment of a $210.00 reinstatement fee.

Third or Subsequent Administrative License Suspension for DUI:

The license consequences for a third or subsequent administrative suspension within 5
years are as follows:
1. Suspension of the drivers license for a 5 year
period beginning on the effective date.
2. There is no limited driving permit available.
However, the licensee may apply for a
probationary license after a minimum
suspension period of 2 years.

3. Reinstatement for full licensing privileges

requires the submission of an original
certificate of completion of a DDS approved
DUI alcohol or drug-use risk reduction
program and the payment of a $210.00
reinstatement fee.

Implied Consent Refusal:

What happens if I refuse the test?
If an officer suspects that a driver is under the
influence and requests the driver to submit to a
breath, blood or urine test and the driver refuses
to comply, his or her license can be suspended for
a 1 year period. This is a hard 1 year suspension
without any temporary or limited driving permit.

There is no requirement to reinstate ones license

as a result of a refusal. The suspension essentially
ends after the 1 year period passes and no
reinstatement fee is required.