Gwinnett County ALS Hearing Lawyer
Getting arrested for DUI comes with many hassles, one of which is the administrative license suspension (ALS). Some people overlook this part of their DUI case, but it will be the first and most immediate impact you feel. Under Georgia law, you will immediately lose your license for a DUI arrest or for refusing to take a required chemical test. The good news: you can request a hearing on the issue and try to save your license. Call The Spizman Firm today to meet with an experienced Gwinnett County ALS hearing lawyer with our firm.
Requesting a Hearing
When an officer arrests you, they will read Georgia’s implied consent law, which will inform you that refusal to take a chemical test will result in a one-year license suspension. Likewise, if your alcohol concentration is 0.08 grams or higher, then you will also receive a one-year suspension. The officer will issue a temporary driver’s license which will soon expire.
This suspension is administrative in nature. You will receive it before you are even convicted of DUI. In fact, some people were ultimately acquitted, but they still received the administrative suspension.
Helpfully, defendants have a right to request an administrative hearing within 30 days. At the hearing, you can challenge the legality of the stop or raise a limited number of other defenses to try and keep your license. Even simply requesting a hearing will delay the expiration of your temporary license.
Call The Spizman Firm
No defendant should tackle their ALS hearing on their own. This hearing is not focused on guilt or innocence. Instead, you are getting your license suspended for violating the implied consent law. Georgia is committed to protecting the public, and they will suspend a license even before a conviction.
At the hearing, the officer must prove reasonable suspicion to pull you over and probable cause to arrest you. Further, the officer must prove they read the mandatory implied consent notice and you refused to provide a sample or that your sample was over the legal limit.
We can present evidence to contradict the officer’s story. For example, a witness might claim the officer never gave the required notice. It is possible to sometimes win the ALS hearing—and it is a certainty you will lose if you never even request one.
Work closely with an experienced lawyer. The officer might recommend that you plead guilty to the DUI charge in exchange for keeping your license. That would be a dramatic choice, which no one should make lightly. Instead, discuss all possible options with your legal team.
Contact Our DUI Lawyers
DUI defendants must not overlook the importance of the ALS hearing; otherwise, they might end up without a license and even greater problems, including job loss or being kicked out of school. Contact The Spizman Firm today to find out more about how we can help. After tackling the ALS hearing, we can also defend you from the criminal charge in court. Our consultations are free and private.
