How Do I Request an Administrative License Suspension (ALS) hearing after a DUI Arrest?
If you are arrested for DUI in the State of Georgia and provide a blood, breath, or urine sample over .08 or refuse to provide a chemical test, your license will be suspended under Georgia law. You then have 30 days to choose whether you want to (1) have an ignition interlock device installed on your vehicle and acquire an ignition interlock device limited permit, or (2) request an appeal of your pending suspension through an Administrative License Suspension (ALS) hearing governed by the Office of State Administrative Hearings.
What Do I Need to Do to Request An ALS Hearing?
If you’ve been arrested for DUI, you are supposed to receive a 1205 form from the arresting officer. The form 1205 is a notice of license suspension. It also provides a timeline about your temporary driving privileges as well as instructions for requesting an administrative license suspension hearing. The 30 day clock is total days, not business days and is determined by the postmark on your mailed request. The Georgia Department of Driver Services provides a request form, called a 1206 form that can be used to provide the required information and request a hearing. A copy of the 1206 form can be downloaded from the Georgia Department of Driver Services website, or you can call, text, or e-mail me and I will send you a copy. You must fill in all the required information in the top half of the form as well as selecting the reason for your appeal, which is the first box, Administrative License Suspension/Refusal. You then also must complete the second page’s information and sign and date your hearing request form. The Georgia implied consent notice and hearing request is governed by state law O.C.G.A. 40-5-67.1. The cost of the appeal is $150, which must be paid by money order made out to the Georgia Department of Driver Services. Write your name and drivers license number on the money order. The hearing request form and the money order must be mailed to the Georgia Department of Driver Services at “Georgia Department of Driver Services, RM – Hearing Requests, PO Box 80447, Conyers, Georgia 30013. I recommend sending your hearing request by certified mail, return receipt requested in order to guarantee your request was received.
What Happens After I Submit My Request for an ALS Appeal?
After your hearing request is timely submitted, the suspension against your drivers license will be placed on hold pending the hearing. You are free to drive without restriction at this time. It can sometimes take 120-180 days for your administrative license suspension hearing request to be granted. Once your hearing request is granted, you will be given a date to appear in administrative court to contest the reason for your license suspension. If for any reason the arresting officer in your DUI case fails to submit your license for suspension, you will be given written confirmation that the officer did not petition to suspend your drivers license. At that time you can request a refund of the $150 appeal fee. It may take another 90-120 days for that refund to be processed. It is important to know that the administrative license suspension court case is different from your criminal case. Your ALS hearing is a civil hearing solely about your drivers license. It has different burdens of proof than your DUI case, which is a misdemeanor criminal case under Georgia law. The worst thing that can happen if you lose your ALS hearing is that your license will be suspended. The best thing that can happen if you win your ALS hearing is that your license will not be suspended. Those are the stakes. You can go here for further information about what happens at an ALS hearing.
If you have any questions regarding your rights to a Georgia ALS hearing, please contact me at 678-753-6431. I would be glad to answer any questions you have.
