DUI Lawyer In Georgia

Reader’s Question:

I have a DUI charge here in Georgia and I haven’t gone to court. I was told that there would be a different hearing for the DMV. How is this different from court trial?

Paul

Savannah, GA

Many drivers charged with DUI do not understand the relationship between their criminal case and the DMV. A Georgia DUI charge triggers two separate cases: the DMV case and the criminal case. Both the DMV and the court could order license suspensions in the past. Only the DMV can suspend a license now, either because of a criminal court conviction or an unsuccessful DMV hearing. In other words, the DMV may still decide to suspend your license even if the jury finds you not guilty.

The DMV hearing following a DUI charge is called the “administrative per se” (APS) hearing. The hearing is being held at the DMV offices nearest to where the offense occurred. The DMV hearing will focus on the various chemical test and police reports unlike the court trials which involve live witness testimony. In a DMV hearing, the judge and the prosecutor are the same person. In other words, the person seeking to introduce evidence is the same one who will rule upon it. This individual is not a lawyer or a judge, but an employee of the DMV.