DUI License Suspension: How the ALS Process Works and Key Deadlines
After a DUI arrest in DeKalb County, many drivers are surprised to learn that their license can be suspended before the criminal case is resolved. This administrative process is known as the Administrative License Suspension, or ALS, and it is separate from the criminal court proceedings. If you are facing this type of issue, consider seeking guidance from an experienced Atlanta DUI defense attorney who understands Georgia’s complex DUI laws.
Georgia’s implied consent law requires drivers to submit to chemical testing after a lawful DUI arrest. Refusing testing or registering a blood alcohol concentration of 0.08 or higher can trigger the ALS process.
Key ALS Deadlines
The most important aspect of the ALS process is timing. Drivers have a limited window to challenge the suspension.
Important deadlines include:
- A request for an ALS hearing must typically be filed within thirty days of the arrest
- Failure to file within that period usually results in automatic suspension
- Some drivers may be eligible to apply for an ignition interlock permit instead
Because the ALS process is administrative, it is handled through the Georgia Department of Driver Services rather than criminal court.
What Happens at an ALS Hearing
If the driver requests a hearing, an administrative judge will review whether the suspension is legally justified. The issues considered during the hearing are usually narrow and focused on procedural questions.
Common issues include:
- Whether the officer had reasonable grounds to believe the driver was impaired
- Whether the driver was lawfully arrested
- Whether proper implied consent warnings were given
- Whether the driver refused testing or failed the chemical test
These hearings are technical and require knowledge of both DUI law and administrative procedure.
The Relationship Between ALS and the Criminal Case
It is important to understand that the ALS process is separate from the criminal DUI case. Even if the administrative suspension is upheld, the driver still has the opportunity to challenge the criminal charges in court.
In these types of cases, a criminal defense lawyer will analyze both aspects of the case. Evidence presented during the ALS hearing can sometimes reveal weaknesses in the prosecution’s case.
Possible Outcomes
Depending on the circumstances, the ALS process may result in several outcomes:
- The license suspension is upheld
- The suspension is rescinded
- The driver qualifies for an ignition interlock permit
Each outcome carries different consequences for a driver’s ability to legally operate a vehicle.
Contact Us for More Information
The Administrative License Suspension process in DeKalb County begins immediately after a DUI arrest and includes strict deadlines that can significantly affect a driver’s license. Understanding the ALS process and acting quickly can make a substantial difference in the outcome.
The Spizman Firm helps individuals address both the administrative and criminal aspects of DUI cases. If your license is at risk after a DUI arrest, contact our office to speak with an experienced Atlanta DUI defense attorney. We serve Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
law.justia.com/codes/georgia/title-40/chapter-5/article-2/section-40-5-55/