In the State of Georgia, Administrative License Suspension Hearings, or (ALS hearings), refers to a license suspension prosecution from the Georgia Department of Driver Services (DDS). Along with the possible DUI Court case you will face, the DDS of Georgia, by means of the State Office of Administrative Hearings, has an administrative proceeding against you as well. The State of Georgia charges $150 to file the hearing request.
In summary, after you have been arrested for DUI your license generally becomes suspended after 30 days by the DDS. You are allowed a 10 business day period to halt the suspension by filing an appeal letter. The Howard Law Group files appeal letters like these routinely for our Georgia DUI clients. Filing the appeal halts the suspension process and the driver generally receives a notice with a date for a hearing within a few weeks.
If You Do Not Request a Hearing
If the hearing request is not made, your license goes into suspension on the 31st day. In the case of a refusal to submit to testing, your license will be suspended for a year, and you will not qualify for a limited or restricted license. There are no exceptions in the case of a refusal; so you must be very careful to hire counsel as soon as possible.
At the hearing, your Georgia DUI Attorney can argue the lack of probable cause to arrest for the DUI or violation of the Georgia Implied Consent Law. The arresting officer must not only read the correct Georgia implied consent warning at the time of the arrest, he must also correctly answer your questions at the time of the arrest. If his verbal advice contradicts the implied consent warning, the State may lose it's ability to use the chemical test (blood, breath, or urine) against you.
While defending Georgia DUI, the Howard Law Group can assist you in preparing for this hearing and keeping your license. You should note however that the clock for the appeal of the suspension begins winding down on the date of your DUI arrest so you need to act quickly. It takes time to get the reports and the video used in your case. It also takes time to prepare the 10 day letter. Failure to act can create a waiver of your important rights, including the right and privilege to drive.
Remember, you cannot delay. Inaction means the waiver of important rights. Those rights can only be exercised from day one. Otherwise, you will waive your rights forever. That is why our Georgia DUI Lawyers are available 365 days a year, 24 hours a day.