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Administrative License Suspension

If you have been charged with DUI in Georgia, the officer likely confiscated your Driver’s License and gave you a “Temporary Permit” to drive; a DDS 1205 Form.

The “Temporary Permit” only allows you to continue driving for a period of 30 days after the DUI arrest. If you do nothing, after 30 days the Department of Driver Services WILL SUSPEND YOUR LICENSE!  The suspension by the Department of Driver Services is a separate legal proceeding known as Administrative License Suspension or ALS and does not address your guilt or innocence of the actual DUI charge, which is handled in an entirely different court system.  This suspension may come even before you have been to criminal court the first time for your DUI charges!

In order to prevent the Automatic Suspension of your license, a 10-Day Appeal Letter must be sent to the Department of Driver Services, along with a fee of $150.00 within 10 business days of your arrest.  The 10-Day Appeal Letter must contain certain specific information to challenge the Automatic Suspension and provide the best potential for preventing the suspension of your license. A hearing is then scheduled with the Georgia Office of Administrative Hearings to determine if the Department of Driver Services can suspend your license. This hearing is the ALS Appeal Hearing.

Some of the issues addressed in the ALS Appeal Hearing include:

  • Whether the officer had a valid reason to stop you
  • Whether any roadblock involved was properly conducted
  • Whether you were properly informed of certain rights
  • Whether you gave consent to be tested or you knowingly refused to be tested
  • Whether Standardized Field Sobriety Tests were properly given
  • Whether test results were valid

At the ALS Hearing, your license can be suspended even if the evidence at a criminal trial would show that you are Not Guilty!

Our Goal at the ALS Appeal Hearing is to have the Administrative Suspension either Dismissed, or to have the officer agree to withdraw the application for suspension.  We have been very successful in both endeavors and, as of April 1, 2015, we have had over a 99% success rate with ALS Appeal Hearings.

Don’t let your time run out to file the ALS Appeal! Contact The Law Office of Eric L. Gay, LLC for your free consultation today!