ALS Hearing

ALS HEARING

Atlanta DUI Lawyer

At the Georgia Administrative License Suspension (ALS) hearing, you can prevent your license from being automatically suspended.  It is also a good opportunity to get testimony from the officer and determine the strengths and weaknesses of the State’s case against you.

Georgia ALS Hearing

When a driver is arrested for DUI, the officer takes away their license and they are issued a temporary permit that allows them to drive for 45 days.  At this point the driver has two options, request in writing an ALS hearing or apply for an ignition interlock device limited permit.  Either one of these two options must be completed within 30 calendar days of the arrest or their driver’s license will be suspended for one year.

Furthermore, you can only choose one of these options.  If you request an ALS hearing, then you cannot apply for an ignition interlock device limited permit. And if you apply for an ignition interlock device limited permit, you waive your right to an ALS hearing.

A Georgia ALS hearing will determine whether or not your license will be suspended before your DUI case is scheduled for trial. At the hearing, your license will either be reinstated or your license will be suspended for a full 12-month period. If your license is suspended, you cannot drive at all for a full 12-month period and you are not eligible for a limited driving permit or work permit.

The point of the Georgia ALS hearing is not to determine whether or not you are guilty of a DUI.  Rather, the scope of the hearing is to determine three issues: (1) whether the officer had reasonable grounds to believe the person was DUI and lawfully placed them under arrest OR the driver was involved in an accident resulting in serious injury or fatality, (2) whether the person was informed of their implied consent rights (the rights a person has when submitting to a DUI breath, blood, or urine test)  and the consequences, and (3) whether the person refused or submitted to a properly administered test.

 

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