DUIs and Administrative License Suspension (ALS) Hearings

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DUIs and Administrative License Suspension (ALS) Hearings

Driving under the influence (DUI) charges and administrative license suspension (ALS) hearings can create stress and confusion for anyone facing them. In Georgia, drivers are considered to have given their consent to submit to a state-administered chemical test if they are suspected of driving under the influence. Refusal to take the test can result in an automatic suspension of your driver's license for up to one year. It can also impact your driving privileges in neighboring states. ALS hearings give drivers an opportunity to contest their license suspension. These hearings must be requested within thirty days of the original arrest. It's important to remember that although it may feel daunting, it's essential to take immediate action in addressing these charges to minimize potential consequences.

What is the Georgia Implied Consent Law?

Georgia's Implied Consent Law is a crucial piece of legislation that has a significant impact on those charged with DUIs. Essentially, the law stipulates that any driver who operates a vehicle in Georgia automatically gives their consent to a chemical test of their blood, breathe, urine, or other bodily substances if they are suspected of being under the influence of drugs or alcohol. By refusing to take the test, drivers are at risk of losing their license for a year, which can be incredibly disruptive to their daily lives. However, understanding the consequences of the Implied Consent Law and working with an experienced attorney can play a vital role in navigating the legal system and potentially mitigating the penalties associated with a DUI charge.

What is an ALS (Administrative License Suspension)?

In Georgia, an Administrative License Suspension, or ALS, is a legal action taken by the state to revoke a driver's license based on certain driving-related offenses. One of those offenses is driving under the influence, or DUI. If you are pulled over and are suspected of DUI, the officer may ask you to take a breath or blood test. Refusal to take the test or a positive result could result in an automatic ALS. This means that your license will be suspended for a certain period of time, even if you haven't been convicted of a DUI in court. It's important to understand the implications of an ALS and what steps you can take to fight it. A DUI charge can have serious consequences on your license and your life, so it's always best to consult a legal professional to protect your rights and interests.

30-days from Arrest to Request an ALS Hearing

It's important to understand the consequences of refusing to take a state-sanctioned test after being pulled over for a DUI. In Georgia, you will be facing an Administrative License Suspension (ALS) that takes effect immediately. This means that you will lose your driving privileges for at least one year, unless your DUI charges are dropped before then. If you want to contest your ALS, you only have thirty days from your arrest date to request a hearing. This hearing can make all the difference in whether or not you will be able to drive again, so it's important to act quickly and make sure you have adequate legal representation. Don't wait until it's too late - take action as soon as possible.

What happens if ALS is denied or you fail to request in time?

After being arrested for DUI, it's important to act quickly and seek legal counsel as soon as possible. As we've seen, you only have 30 days from the date of your arrest to contest an Administrative License Suspension (ALS) and request a hearing, if you refused the state's test. This makes it essential to fully understand your options and know what steps to take in these crucial first days following your arrest. A skilled DUI attorney can help you navigate this process and provide you with the peace of mind that comes with knowing your rights are protected. Don't delay in seeking legal advice – contact an experienced DUI attorney today to ensure you get the best possible outcome for your case.

Ignition Interlock Limited Driving Permit Option

For drivers 21 and older arrested for DUI in Georgia who refuse the state implied consent test, there is an ignition interlock limited driving permit option available during your 1 year hard suspension. This allows those who do not want to contest the ALS hearing but still need to drive for work or other essential purposes to legally operate their vehicle, as long as they have an ignition interlock device (IID) installed - which you must personally pay for and maintain. The device requires the driver to pass a breathalyzer test before starting their car, ensuring they are not under the influence of alcohol. While it may seem like a burden to have to install this equipment, it is a small price to pay for the ability to continue to drive legally. However, if your underlying DUI is thrown out prior to the 1 year of hard suspension passing, you still have to keep your IID for the full year - you do not get to have your license fully reinstated until that year has passed. Therefore, if you find yourself in this situation, it is important to consider this option but speak with an experienced DUI attorney to determine the best course of action before making that move.

How to Get a Permit if You Took the State Test (ALS consent)

Getting a limited driving permit after a first DUI arrest in Georgia can be a daunting task, but it's important to know that it's possible. If you complied with the state test when asked during your arrest, you can request an ALS limited driving permit in-person at the DDS for a fee of $25, valid for one year. This permit will allow you to drive to work, school, court, and medical appointments only while your license is suspended. Keep in mind that this type of permit is only available to Georgia drivers who have received their first DUI within the past five years. Be sure to gather all necessary documents and follow the proper steps to acquire your permit and get back on track.

How We Can Help

Facing a DUI and ALS hearing is a stressful and overwhelming experience that can lead to negative consequences in your personal and professional life. Here at Your Law Firm, we understand the importance of protecting your rights and fighting for your future. Our experienced team will advise you on the best strategy for your situation, whether it is contesting the hearing or getting the ignition interlock limited driving permit. If you choose to proceed with the ALS hearing, we will fight for you at the administrative hearing and ensure that your voice is heard. You can count on us to provide you with the guidance and support you need during this difficult time. Let us help you navigate through this legal process and move forward with confidence.