By Bubba Head, DUI Lawyer Atlanta
The DS-1205 form is used to inform a driver who has failed or refused a breath test that his or her license will be suspended. This form serves as a temporary driving permit until the license suspension goes into effect (30 days following the date of arrest).
The DS-1205 form also contains information regarding the administrative license hearing. It is important to carefully read over the form; if you do not follow the instructions, you will miss your chance to request a hearing in order to save your driver’s license.
There are two sections regarding the hearing: one for the officer and one for the driver. In the arresting officer’s hearing guidelines, it states that the officer will be notified via mail about the date, time, and place of the hearing by the Office of the State Administrative Hearings. If the officer fails to appear at the hearing, the judge may rule in favor of the defendant and withdraw the license suspension.
During the trial, the officer must show that he or she had reason to believe the driver was under the influence of alcohol and/or drugs while operating the motor vehicle or that the driver was involved in an accident that caused injury or fatality. The officer must also state whether he or she read the driver the Implied Consent rights and if the driver refused or failed the breath test. The officer will also be asked if the test was properly administered by a valid operator.
The form also lists documents that may be subpoenaed for the hearing. These include a copy of the breath-test operator’s permit, an original copy of the test results, and a copy of the crime lab report (if applicable).
The next section is an overview of the hearing procedures, notifying you that you have ten business days to request a hearing. If a hearing is not requested within this time, you waive your right to a hearing. It is also important to note the requirements that must be provided with your hearing request: driver’s full name, current address, driver’s license number, date of birth, and daytime telephone number.
The trial covers much of what is listed above in the officer’s guidelines section. You must also provide the following information in your hearing request: (1) the names and addresses of all potential witnesses, (2) a statement of facts that you wish to contest, (3) a statement regarding the relief you are seeking, (4) if you have an attorney, his or her name, address, and phone number.
If you are facing an administrative license suspension, it is important to have an experienced DUI attorney in Atlanta on your side. Contact William C. (Bubba) Head today for more information regarding your DUI case.