If police arrest you in Georgia for driving under the influence or refusing a chemical test, a clock is already ticking. You may already be facing an Administrative License Suspension, which is a separate process from your criminal DUI case.
The most important thing to understand is that you have 30 days to take action before you risk losing your driving privileges automatically.
Understanding the ALS Process
You face two separate proceedings after a DUI arrest in Georgia:
- Criminal case in court
- Administrative license suspension proceeding before the Georgia Office of State Administrative Hearings (OSAH) via the DDS
Many drivers mistakenly believe that dealing with the criminal charge is enough. However, the administrative suspension operates independently and moves much faster.
If your chemical test showed a BAC of 0.08% or higher, or if you refused testing altogether, expect to receive a Form 1205. This document serves as your temporary driving permit for 30 days and notifies you of the pending suspension.
Why the 30-day deadline matters
Failing to take action within 30 days will result in an automatic suspension of your driving privileges. You must either request an ALS hearing or apply for an ignition interlock device limited driving permit. There are no extensions and Georgia law is strict about this deadline.
Once it passes, you lose your opportunity to challenge the suspension before it takes effect. For a first offense with a BAC over 0.08%, you face a 12-month suspension.
What to expect in an ALS Hearing
Requesting an ALS hearing provides two immediate advantages:
- Postpones your suspension until after the hearing takes place, allowing you to continue driving legally.
- Allows you to challenge the suspension on procedural grounds.
At the hearing, the focus is less about whether you drove under the influence and more about whether law enforcement followed proper procedures. For example, questions about whether the arrest was lawful may be raised in the hearing.
Taking action
You must submit a written request and a $150 filing fee to DDS within the 30-day window. Your legal representative can handle this process and begin building your defense immediately.
Remember, even if you plan to fight your criminal DUI charge, you must separately address the administrative suspension. These are parallel tracks that require immediate attention. To protect your license before this deadline expires, contact an experienced Georgia DUI professional immediately after your arrest.
