Most people don't know that in Georgia, there are two different court hearings - the criminal proceeding and the ALS Hearing. An ALS Hearing is an Administrative License Suspension Hearing. ALS is known as the 30 day letter because a Georgia DUI Lawyer must file an appeal of your license suspension within 30 days of your arrest. There is a $150 filing fee in order to submit the appeal. If you do not file your appeal, then your license and your right to drive on Georgia roads will be suspended. However, you have a choice. You can choose to install an ignition interlock device into your vehicle, then your Georgia DUI Defense Attorney will not need to file an appeal. The kicker is that if the case is resolved favorably with a reduction to reckless driving or a dismissal, you will still have to keep the interlock device installed for 12 months.
Never decide between appealing your license suspension or installing an ignition interlock device without first consulting with a Georgia DUI Lawyer.
There are two types of license suspensions in Georgia in the event you do not file your appeal. The first is a 12-month suspension - otherwise known as a “hard suspension.” This type of suspension happens if you refused to submit to testing during your DUI arrest, and then you do not file your appeal. The second is a 30-day suspension.. This type of suspension happens if you submitted to testing (breath, blood, or urine) during your DUI arrest. During this 30-day suspension, if you attend DUI School and pay a reinstatement fee of $210, you can get a restricted license and reinstate your driver's license after 30 days.
This ALS Hearing also applies to drivers who have more than one DUI in the past five years, CDL Drivers, Drivers under 21 years old, and drivers who are licensed in another state.
At a Georgia ALS Hearing, your Georgia DUI Attorney will argue your case. There are many defenses an experienced and talented lawyer can utilize. Some defenses include the following questions:
- Was the implied consent warning read correctly and as close to the arrest time as possible?
- Did the arresting officer information that conflicts with the advice and meaning of the implied consent warning?
- Was the correct warning read to the suspected driver?
- Did the arresting officer choose an actual sobriety test?
- Were any of the driver's rights violated during the arrest?
This is just a short list of some of the defenses available to you in your ALS Hearing in Georgia. There are many other DUI Defenses in Georgia. Most people believe that since they were arrested for DUI, and they “failed” or refused a sobriety test that their case is hopeless. Even worse, many lawyers will also just assume guilt. That's why we do what we do. Every case should be investigated and every defense should be explored. And our team of lawyers are here to assist you with your case. We can help you prepare for your ALS Hearing and assist you in keeping your Georgia license. Remember you only have 30 days, so if you or a loved one has been charged with a DUI in Georgia, contact our offices today.