DUI AND THE ALS HEARING / 10 DAY LETTER

ALS HEARING REQUEST / 10 DAY RULE 

Most DUI arrests in Georgia will result in the arresting officer filing a sworn report requesting that your license be suspended.  The arresting officer will generally take your license and give you a yellow piece of paper to use as a temporary driving permit.  If you do not read the back of this document, you may not realize that you only have ten business days from the date of your arrest to request an Administrative License Suspension Hearing (ALS Hearing).  This is just one more reason why you need to call an attorney as soon as possible to review your case. 

**THE STATE OF GEORGIA NOW REQUIRES A $150.00 PREPAID FEE IN ORDER TO OBTAIN AN ALS HEARING.  THIS FEE MUST BE PAID AT THE TIME OF THE HEARING REQUEST, AND INCLUDED WITH THE HEARING REQUEST**

ALS Suspension / Hearing  
Once a timely request for an ALS hearing is made, a hearing date is set by the Georgia Office of State Administrative Hearings (OSAH).  Generally, this hearing will be about 30 to 60 days after the request is received, and typically your temporary permit to drive will be extended until the date of the hearing.  If the officer fails to appear, then a Default Order reversing the suspension of your driver’s license is typically entered by the Judge. If the officer appears for the hearing, you will either have a hearing, or your attorney may convince the officer to agree to withdraw his request to suspend your license.  

OTHER LICENSE SUSPENSION ISSUES

Implied Consent or "Refusal" suspension
By signing and accepting a driver's license in Georgia, you have implicitly consented to a test of your blood, breath or urine if a police officer determines that probable cause exists to believe that you are driving under the influence.  If you refuse the state test, then your license may be suspended for one year.  A person whose license is suspended based upon a “refusal” is not eligible for a temporary driving permit, nor is there any early reinstatement.  These types of suspensions are often referred to as “hard suspensions”.