DeKalb County ALS Hearing Lawyer
If you have been arrested and charged with driving under the influence, you only have 30 days to schedule an Administrative License Suspension (ALS) hearing to try and get your driver’s license reinstated. You must outline your request in writing and submit it within 30 days of your arrest.
It is natural to feel deflated after being arrested for a DUI and you may think attending an ALS hearing is hopeless. It is not. The ALS hearing is the only way to get your license back in a short amount of time. Our DeKalb County ALS hearing lawyer can provide the representation you need and guide you through it.
How Long is a Suspension Without an ALS Hearing?
There are many factors that will determine how long your driver’s license will be suspended after being arrested for a DUI. If it is your first DUI offense and you did not cause any injury or an accident, the license suspension is one year. If you attend an ALS hearing, you may be able to obtain a restricted permit in 30 days. If you have refused a breath, blood, or urine test, your driver’s license will be suspended for one year and there is no possibility of obtaining a restricted permit. This is known as a hard suspension.
Even if your driver’s license is suspended, the situation is not hopeless. You may be able to appeal the decision. Our DeKalb County ALS hearing lawyer can prepare you for the hearing so you have the best chance of a positive outcome.
How are Decisions Made at an ALS Hearing?
Administrative law judges oversee ALS hearings. They will hear from you, as well as the arresting officer, before making a decision. Administrative law judges will take many factors into consideration when making their decisions. These include:
- If the officer who stopped you had reasonable cause to believe you were driving while impaired
- If you caused an injury or fatality while driving
- If the officer informed you of the implied consent law in the state, including the penalties for refusing a test
- Whether you refused a breath test
- Whether the breath test result was 0.08 percent for adults or 0.02 percent for individuals under 21 years of age
- If a chemical test was administered properly and by a person qualified to administer the test
- If you were informed of your right to an independent BAC test by someone of your choosing who has the qualifications to administer such a test
Once the above issues have been resolved, a decision regarding your driver’s license suspension is made. Even if the decision made at the hearing is not in your favor, you have the right to appeal it.
Our DeKalb County ALS Hearing Lawyer Can Assist with Your Case
ALS hearings are intimidating, but you do not have to go through it alone. At The Spizman Firm, our ALS hearing lawyer in DeKalb County can help you prepare for it and guide you through it so you obtain a decision in your favor. Contact us online to schedule a consultation and to get the legal help you need.
