Administrative License Suspension – ALS
What is an ALS Hearing?
Along with the criminal legal proceedings for a DUI arrest, there is an administrative license suspension (ALS) hearing to appeal a driver’s license suspension. This hearing focuses on the issue of whether you will suffer a pretrial loss of your driver’s license. The appeal must be filed within 30 days of your arrest. To trigger this suspension, the arresting officer must take your driver’s license and issue you a DPS 1205 form.
Please contact us at (678) 680-5000 or fill out our online contact form for help filing your appeal.
The ALS Appeal Option
You have the option of filing an ALS appeal, which has a $150 filing fee payable to Department of Driver’s Services. Once filed, your driver’s license will remain valid until the ALS hearing, at which time your license will either be reinstated in full or suspended for the full 12-month period, meaning no driving at all for a year, including to work. These hearings are separate from your criminal DUI case and are handled by the Office of State Administrative Hearings (OSAH). The purpose of the hearing is to determine whether the arresting officer properly complied with the Implied Consent process for securing a breath, blood, or urine sample.
Ignition Interlock Option
Starting in July of 2017, people charged with driving under the influence (DUI) in Georgia may have the option to obtain a limited driving permit known as an interlock ignition device limited permit. This is conditional upon the individual waiving his or her right to a hearing and having an ignition interlock device installed on the vehicle they intend to drive. This device requires a driver to blow into a breath machine before being able to start the vehicle. You must secure the services of a provider to install and maintain the device during the 12-month period.
The conditions for obtaining the permit include:
- The DUI did not result in a crash with serious or fatal injuries
- Having a valid Georgia driver’s license
- Being at least 21 years old
- No DUI convictions in the past 5 years
- Surrendering your current license
- CDL licenses must be downgraded to non-commercial
Within 30 days of receiving the DPS 1205 form provided at the time of your arrest, you must consider whether to apply for the ignition interlock permit or appeal the license suspension. Hiring an attorney to represent you at the hearing is strongly recommended. Our lawyers can advise you of your options and represent you at the hearing.
Keep in mind that you have only 30 days to file an appeal or install the ignition interlock device. Call (678) 680-5000 to learn how we can help.
Before requesting a Breath, Blood, or Urine Test the arresting officer must read the following notice to you:
Implied consent notice for suspects age 21 or over:
The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state-administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs.
If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial.
If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year.
After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state-administered chemical tests of your (designate which test)?’
The failure of the arresting officer to strictly comply with the reading of this card can result in any test results being excluded from your case.