Georgia Administrative License Suspension (ALS)

A DUI Arrest in Georgia Creates Two Battles for You to Fight Simultaneously

In about 98% of all Georgia DUI arrests, two separate legal proceedings [administrative license suspension hearing (ALS) and the DUI-criminal case] will be moving along parallel tracks. This means you will have to challenge issues in two different court cases, with two different judges. Aside from the traditional criminal prosecution (which almost always comes last), the administrative license suspension appeal focuses on the single issue of whether you will suffer a pre-trial loss of your license for eitherrefusing to take the test, orfor submitting to the test at the police station or hospital and having a breath or blood test result “over the legal limit”.

Getting the 10 Day Letter for the ALS Filed Within “Ten Business Days”

Following your DUI arrest in Georgia, the administrative license suspension [ALS] hearing (appeal) can be obtained by sending a TIMELY written request for a hearing on the pending suspension. This “appeal” to the pending suspension must be done within 10 business days after your arrest. The Georgia Department of Driver Services must receive the letter by the 10 th business day. In calculating “business” days, leave off Saturdays, Sundays and State holidays in counting ahead to your deadline for delivery of your appeal. CAUTION: Do not rely on FEDERAL Holidays. Look up our “odd” STATE holidays, such as Confederate Memorial Day, which presently is celebrated in April, Robert E. Lee’s Birthday (celebrated in November near the Thanksgiving Holiday, although he was born January 19, 1807) and George Washington’s Birthday, which is celebrated in December (typically, near Christmas Day, despite his true birth date being February 22, 1732).

The Ten Day Letter MUST be Sent in a Timely Manner

You can send your own letter, outlining the legal issues you will raise at the ALS hearing, or have an attorney who is a specialist in this area of law compose this letter for you. Once the letter is created, it must be delivered one of several ways: (hand deliver to the DDS office in Conyers, with a signed receipt from a DDS employee who received it); (2) faxed over, with written confirmation of delivery; (3) sent by private, commercial courier, with hand delivery receipt being returned to you; (4) private package delivery service, with proof of delivery returned to you; or (5) certified U.S. mail with a postmark on it no later than the 10 th business day, and the signed receipt later returned to you.

We Create and File the 10-Day Letter for FREE for All of Our Clients

Our office can create this letter for you, and we will assure its timely delivery. We have done about 800 of these letters each year since January 1, 1993, when the new Georgia law was passed. For all of our clients, the creation and delivery of the DDS letter is FREE and the handling of the DDS proceeding is NO EXTRA CHARGE from our “flat” fee (retainer). One flat retainer fee covers both the criminal case and the administrative license suspension [ALS] case.

Our Office Sends the Appeal by TWO Different Delivery Methods

When our office sends a DDS appeal letter for a client, we send it TWO separate ways, to absolutely confirm that it was done on time and received on time. WHY? We are anal when it comes to protecting our clients’ rights, especially the right to drive. A small amount of extra work and cost on our part has permitted us to boast of a 100% success rate for our 10,000+ clients who have trusted our firm to execute and deliver their license appeal letters since 1993.

How Long Before the ALS Hearing Date will be Scheduled?

The initial hearing date for an ALS appeal will be between 55 and 65 days after the date the 10 day letter was received by the DDS. However, the initial 30 days that the DS 1205 form authorized you to drive after the date of your arrest will have expired. Therefore, DDS is obligated to issue a letter (before the end of that 30 day period) to you that EXTENDS your driving privileges until the hearing date or the date a ruling is made. This will arrive in about 30 days following your arrest.

Winning the ALS Hearing REMOVES the Pending Administrative Suspension

The DDS letter extending your driving privileges until the hearing date will state that your permission to drive has been EXTENDED until the date of your hearing, or until a court order is issued upholding the proposed suspension, whichever last occurs. If you win the DDS hearing, the suspension will be “lifted”, and your full driving privileges return, subject to the outcome of the criminal case, which will typically be resolved later. This can be a very important development, for either a person licensed by Georgia or a person licensed by another State.

Your Attendance at the ALS Hearing MAY Not Be Required

At the DDS hearing, your attendance is not always mandated. Your attorney (or the attorney’s staff member) will tell you whether your presence is needed. Often, on refusal cases, you DO need to attend. Your attorney will attend this hearing for purposes of trying to either win the case or to negotiate (with your arresting officer) a non-DUI settlement of this administrative aspect of your case. If such negotiations result in the DS 1205 being withdrawn (dismissed), your full driving privileges would return, at least until the criminal case gets resolved.

The ALS Hearing Can Be the Winning Ticket for Your DUI Criminal Case

This DDS hearing, if it takes place, may be the only time (prior to the start of the legal proceeding in your DUI criminal case, such as motions and then trial) we are able to get your officer “sworn in” and on the record in order to get answers to questions that should benefit your criminal case. Sworn courtroom testimony “locks down” the officer’s testimony, and helps your attorney prepare for and fight the criminal case. Don’t pass up the opportunity to allow your lawyer to place the arresting officer under oath, because it may be the only sworn statement your attorney will be able to obtain for purposes of impeaching the officer later when the case goes to trial.

Facing Two Different Hearings is NOT “Double Jeopardy”

Our United States Supreme Court has declared that the manner of requiring accused DUI drivers to face dual hearings is not double jeopardy. Driving on the roads in Georgia is a privilege, not a constitutional right. By possessing a driver’s license (whether from Georgia or another State) you are merely “sanctioned” to drive. By using Georgia’s roadways, you tacitly agree to submit to “chemical” testing if a police officer reasonably suspects you are intoxicated. The OFFICIAL chemical test offered to you by the police, after your arrest for DUI, may be an analysis of your blood, breath, urine, or all three types of tests. Failure to submit to the OFFICIAL “chemical” test of your blood, breath, urine or other bodily substances (as requested by the arresting officer) may result in an administrative (civil proceeding) license suspension for twelve full months (or longer, for repeat ALS violators), and possibly without any “work permit” [limited driving privileges] being available.

ALS Penalties for “Failing” the Chemical Testing – First and Repeat Offenders

Failing (taking the test and having a result that is over the legal limit) the blood, breath or urine test can result in a 1-year license suspension for first time offenders. The suspension period can be 3 years for second offenders in 5 years. A third offense in 6 years can result in a 5 year revocation (total loss) of your license. Only a first time DDS suspension action against a driver where the person has submitted to the State tests (blood, breath or urine) offers the chance for a limited driving permit [work permit], and will allow early return of the full plastic license before the passage of one full year. This early return of license can be as short as 30 days for a person with a GA driver’s license.

An Administrative “Refusal” Suspension can mean NO WORK PERMIT

A suspension based on your REFUSAL to submit to the official breath, blood or urine tests can be particularly damaging to your right to drive in Georgia, if you do not successfully challenge the legitimacy of the proposed suspension. NO LIMITED (WORK) PERMIT is available to you. Therefore, winning or negotiating a “withdrawal” of the proposed suspension is a critical step in your defense.

Repeat Administrative Suspensions Can Result In Longer Suspension Periods

If you have had another administrative suspension (i.e., been ADMINISTRATIVELY suspended in connection with a DUI prosecution that ultimately went on your record) within the last 5 years, this will count as a second administrative license offense. Your license can be suspended for 3 years if you also lose the current administrative license case. No work permit is allowed in such instances, whether you refused testing or took the test and had a breath test reading above the applicable legal limit (0.08% for drivers age 21 who are not operating a commercial motor vehicle). The standard for drivers under age 21 is 0.02%. The legal standard is 0.04% for drivers in commercial motor vehicles.

The Criminal Case & the Administrative (Civil) License Proceedings are Separate

It is vital to remember that any administrative license suspension action is a separate, civil component to the criminal charge for DUI that you are facing. A DUI conviction can mean much more than license suspension. You will face a multitude of additional penalties if convicted in the criminal proceeding. For most clients winning the DUI criminal case is more important than whatever occurs at the administrative license suspension hearing. See the chart at www.DUI.tv/galaws.pdf for details.