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Administrative License Suspension Hearing
Let's back up now and see where we have been so far. The driver has been stopped and arrested. The officer has said he read certain implied consent warnings to the driver. A request was made by the officer to the driver to submit to one or more tests to determine the concentration of alcohol or drugs. The driver has read the DMVS Form 1205 and understood the necessity of requesting, in writing, an Administrative License Suspension hearing.
There are several different situations where a hearing may be important to the driver, especially if the drivers fits into one of the situations described below:.
- The driver, who was over 21 years of age, submitted to testing and the results were .080 gms or above.
- The driver, who was under 21 years of age ,submitted to testing and the results were .020 gms or more.
- The driver, who held a commercial license, submitted to testing and the results were .040 gms or more.
- The driver, regardless of age, knowingly exercised the right to refuse any such testing.
- The driver was said to have refused testing, but denies any such refusal to be tested.
- The driver, who was unconscious at the time, was tested without expressly giving consent to such testing.
It is at this hearing where the State of Georgia, acting through the arresting officer, will attempt at a civil proceeding (as opposed to the criminal proceeding that awaits in a different court) to suspend the license of a Georgia licensee or the privilege to drive in the State of Georgia of a driver licensed in another state.
The procedures are more summary, burden of proof is lower and scope of the evidence to be considered by the judge is more limited. There is no jury trial provided in this procedure. Georgia law limits the scope of the issues to be considered by the Administrative Law Judge as follows:
- "Whether the law enforcement officer had reasonable grounds to believe 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 Code Section 40-6-391; or
- "Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
- "Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
- "Whether the person refused the test; or
- "Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and
- "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. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph." O.C.G.A. 40-5-67.1