In fact, most Georgians are unaware that there are two different court hearings. These court hearings include both Georgia ALS Hearing and the actual criminal proceeding.
The ALS Hearing in Georgia
The focus today's post on the ALS Hearing - ALS stands for Administrative License Suspension Hearing.
You'll also hear ALS referred to as the 30 day letter in Georgia. We refer to it as the 30 day letter because your Georgia DUI Attorney 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, and if you do not file your appeal, then your license, meaning your right to drive on Georgia roads, will be suspended.
There is another option. If you choose to install an ignition interlock device into your vehicle, then your lawyer will not need to file an appeal. The absolute downside is: that if your case is resolved favorably with either a reduction to reckless driving or a dismissal, you will still have to keep the interlock device installed for 12 months.
This is why the best advice I can give you if charged with a DUI in Georgia is: never decide between appealing your license suspension or installing an ignition interlock device without first consulting with a Georgia DUI Lawyer.
If The Appeal Is Not Filed
There are two different types of license suspensions in Georgia if you do not file your appeal.
- The 12-month suspension. This is also 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 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 Georgia DUI School and pay a reinstatement fee of $210, you can get a restricted license and reinstate your driver's license after 30 days.
It is important to know that the 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 the ALS Hearing, your Georgia DUI Lawyer will argue your case for the first time. I'd like to highlight some of the defenses that can be utilized by a lawyer who specializes in DUI Law in Georgia. These defenses include asking the questions listed below:
- Were any of the driver's rights violated during the arrest?
- Was the implied consent warning read correctly?
- Did the arresting officer provide information that conflicts with the meaning of the implied consent warning?
- Was the correct warning read to the suspected driver?
- Did the arresting officer choose an actual sobriety test?
These are just some of the questions that should be asked about your Georgia DUI case. There are many other Georgia DUI Defenses.
The defeating truth is that most people arrested for DUI believe that if they failed or refused a sobriety test that their case has already been decided. Even more defeating is that, in fact, many lawyers will also assume guilt.
We do not have that mentality. We can help you prepare for your ALS Hearing and assist you in keeping your Georgia license. If you or a loved one has been charged with a DUI in Georgia, contact us today, so that we can help you avoid harsh Georgia DUI Penalties.