What Happens At The Administrative License Suspension Hearing?
In Georgia, at the administrative license suspension hearing, the judge is looking for whether the police officer had enough probable cause to have asked for a breath or blood test for your particular case. They’re looking for why they pulled you over, whether you had watery, bloodshot, bleary eyes, whether you were slurring your words if your feet were stumbling around, and the results of your field sobriety tests.
You get an opportunity to hear what the police officer says he has against you and to get them on the record stating those things. If they change their testimony at trial, then that could have a very positive impact on the outcome of your case. The judge will call out everyone who is supposed to be there and then also call the names of the law enforcement officers. If the police officers decide not to go to that hearing, the license suspension gets dismissed. At that point, you are able to drive until your case is resolved. If the officer does show up, you can have the hearing or you can talk with the police officer and work out a deal about keeping your driver’s license, prior to showing up to court for your actual case to be heard.
Usually, what an agreement entails is you telling the police officer that you will take a plea at the very first time you possibly can. Just because you asked for that does not mean that you are obligated to take a plea. It does mean that if you decide not to take the plea, they will try to suspend your license.
What Is The Ignition Interlock Device?
The ignition interlock device is a device that attaches to your vehicle’s starting system. It requires that you blow into it, just like you would for a breath test, and it analyzes your breath to see if there’s alcohol in your system. If there is alcohol in your system, the car will not start. It also notes that and it keeps a record of it, which can be reported to your probation officer. If there is no alcohol on your breath, then it allows your vehicle to start up. Some interlock devices require periodic blowing into them to keep the car running.
Recently, a law passed stating that if you are accused of driving under the influence and refused a breath test or blood test, they will send out the notice that you are going to have your license suspended. You can actually, instead of requesting an administrative license suspension hearing, request to have an ignition interlock device installed on your vehicle in order for you to be able to drive. If you request that, you’re going to have to pay for it. There are maintenance fees on a monthly basis, but in some situations that may still be a better option than the administrative license suspension hearing.