Georgia ALS Hearing Attorney

You have thirty (30) calendar days from your arrest to request an Administrative License Suspension (ALS) hearing. Miss it and the Georgia Department of Driver Services suspends your license automatically.

In addition to the penalties you face if arrested for DUI in Atlanta, you could face the suspension of your driver’s license before trial even begins. That is why you need a lawyer to pay attention to both processes: the criminal DUI trial and the administrative hearing for your driving privileges. Losing your driver’s license could have a devastating impact on your life. Specifically your ability to maintain employment.

The Administrative License Suspension Process

After your DUI arrest, the police officer gives you a copy of the Department of Driver Services (DDS) Form 1205 and files a copy with DDS. That form reports a chemical test result of .08 or higher, or your refusal to take the test, and it doubles as your 30-day temporary driving permit.

You only have 30 days from the date of your arrest to request a hearing. This is an administrative process, so your driving privileges can be taken away even if you are never convicted of DUI.

DDS can suspend your license whether you took the breath test or refused it. The 30 days are calendar days, and weekends count. For the full step-by-step guide, see how to save your license after a DUI arrest in Georgia.

What an ALS Hearing Attorney Does for You

• Files your hearing request early and correctly. The request must be in writing, include the $150 fee, and be received by DDS before day 30. We file well ahead of the deadline, with proof of receipt.
• Keeps you driving while the appeal is pending. A timely request stops the automatic suspension until the hearing is decided.
• Holds the State to its burden. At the hearing the State must prove four things: the stop was lawful, the officer had reasonable grounds to request a chemical test, the implied consent notice was read properly, and the test result (or refusal) was valid. If it fails on any one, the suspension is set aside.
• Cross-examines the arresting officer under oath. The officer must appear and testify in person. When the officer does not show up, the suspension is often thrown out.
• Weighs the ignition interlock option with you. If the hearing is not winnable, an ignition interlock-restricted permit can keep you driving to work, school and medical appointments.

Why the ALS Hearing Matters for Your DUI Case

The ALS hearing is often the first time the arresting officer testifies under oath, months before your criminal trial. Attorney Richard Blevins uses it as early discovery: every detail of the stop, the field sobriety tests and the implied consent reading is locked in on the record. Mistakes found at the hearing, such as a paraphrased implied consent notice or a questionable breath test, can become the basis for suppressing evidence in the criminal case. See our DUI case results for cases won this way.

If You Refused the Breath Test

A refusal triggers a one-year hard suspension under Georgia’s implied consent law, separate from any suspension tied to a high BAC. That makes the 30-day deadline even more important: the hearing is your chance to challenge whether the implied consent notice was read correctly and whether the refusal was clear. Learn more about Georgia’s BAC limits and what happens at an ALS hearing in Georgia.

Georgia ALS Hearing FAQs

Do I need a lawyer for a Georgia ALS hearing?

You are not required to have one, but the State will bring a trained officer, and the hearing turns on technical questions about the stop, the implied consent notice and the test. A DUI attorney knows where these cases fall apart and uses the hearing to question the officer under oath before your criminal case.

How much does it cost to request an ALS hearing?

The DDS filing fee is $150, separate from any attorney fees. See how much a DUI lawyer costs in Georgia for typical representation fees.

Who decides the ALS hearing, and when is it held?

An administrative law judge from the Georgia Office of State Administrative Hearings (OSAH) decides it, not a criminal court judge. Hearings are typically scheduled 30 to 60 days after the request is filed.

What happens if the officer does not show up?

The arresting officer must appear and testify in person. When the officer fails to appear, the suspension is often set aside and you keep your license.

Can I drive while I wait for the hearing?

Yes. Filing the hearing request on time keeps your driving privileges in place while the appeal is pending.

What if I already missed the 30-day deadline?

The administrative suspension can no longer be appealed, but the criminal DUI case is separate and can still be fought, and an ignition interlock-restricted permit may restore limited driving. Call as soon as possible so more options remain.

Contact a Georgia ALS Hearing Attorney Today

Sandy Springs, Marietta, Alpharetta, and Atlanta criminal defense lawyer Richard Blevins has represented thousands of clients. He is a former prosecutor and former law enforcement officer providing aggressive DUI defense, starting with your license.

Call (770) 419-1945 or contact us online to protect your license before the deadline. All clients receive a free consultation.

Sandy Springs/Atlanta Criminal Defense Lawyer

Richard N. Blevins, Jr.

Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.

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