In Georgia DUI cases, when a driver is facing an Administrative License Suspension (ALS) due to either refusing chemical testing or testing over the legal limit, they have the right to request an ALS hearing to contest the suspension. However, not all ALS cases go to a full hearing. In many instances, the matter is resolved through what’s known as a withdrawal, which can take several forms: joint withdrawal, unilateral withdrawal, or joint withdrawal to a lesser offense.

A joint withdrawal occurs when both parties — typically the driver’s attorney and the arresting officer or their representative — agree to withdraw the ALS action. This means that both sides consent to dismiss the pending license suspension without going through a formal contested hearing. The result is that the administrative case is dropped, and the driver avoids the license suspension altogether. This type of resolution is often negotiated when the client absolutely needs their divers’ license and is willing to plead guilty to a DUI.

In contrast, a unilateral withdrawal happens when only one party — usually the arresting officer — decides to withdraw the ALS action without the agreement of the defense. This can occur if the officer recognizes that their case is flawed, lacks sufficient evidence, or if they are unavailable for the hearing and choose not to proceed. Once the officer withdraws unilaterally, the ALS suspension is dismissed, and the driver retains their license. While this outcome favors the driver, it is not negotiated, and the decision lies solely with the officer or prosecutor involved in the administrative case.

Finally, a joint withdrawal to a lesser offense combines the agreement of both parties to drop the ALS suspension with a concurrent resolution in the criminal case. In this scenario, the driver often agrees to plead guilty — such as reckless driving— in exchange for the dismissal of the administrative license suspension. This negotiated resolution benefits both sides: the prosecution avoids the time and uncertainty of a hearing, and the defendant avoids an immediate loss of driving privileges. However, the driver may still face criminal penalties like probation, fines, or DUI school, though often without the harshest license penalties that would follow an upheld ALS.

If you’ve been arrested for a DUI, call our office and speak with one of our experienced attorneys TODAY.