As soon as someone is arrested for DUI, an officer will seize their driver’s license and hand them a form known as DDS 1205. This document acts as the basis for administrative license suspension proceedings.

An individual who disagrees with this decision can appeal it by filing an ALS hearing request within 30 days, which will then be handled by OSAH and presided over by an ALJ.

What actually happens at an ALS hearing?

Once an arrest for DUI occurs, you have 30 days from being placed under arrest to request an administrative license suspension (ALS) hearing in order to contest its application. Please note: any criminal proceedings regarding your license suspension would remain separate and independent of this matter.

An administrative law judge conducts an ALS hearing, which includes evidence like police reports, breathalyzer test results and witness testimony. It is generally the state’s burden to prove why suspension should take place.

Hire a lawyer can increase your odds of victory and help maintain your driving privileges. An experienced attorney will understand the legal nuances involved with your case, potential arguments and case law relevant to it that can strengthen your position and strengthen your chances of victory.

Hiring an attorney also eases the stress and anxiety of the hearing process and allows you to approach it more confidently. A positive result will reduce its impact on your daily responsibilities such as work, schoolwork, extracurricular activities, family obligations, religious outings and many other vital parts of life.

What is the burden of proof at an ALS hearing?

Very few people request an Administrative License Suspension hearing and many lawyers perceive these proceedings to be pointless, yet these hearings can make a tremendous impactful difference for both our clients and their families. By hiring a Atlanta DUI lawyer with experience handling this type of hearings it may be possible to win and keep your license.

An administrative law judge (essentially a glorified DMV employee) preside over such hearings in an administrative court setting. While constitutional restrictions must be adhered to when hearing criminal cases, those restrictions do not apply in this scenario.

At an ALS hearing, an officer will present their account of your arrest before your defense team presents its arguments and evidence. Since an ALS hearing does not carry criminal trial-like rigor, it is vital that defense team understand what arguments can be validly used during an ALS hearing.

What are the consequences of failing to challenge an ALS suspension?

Many individuals do not fully grasp the immediate repercussions of an ALS suspension on daily life. Commuting to work, running errands or fulfilling family responsibilities becomes extremely challenging and long-term consequences can include higher insurance premiums.

At an ALS hearing, it may be possible to request a stay of the hard time period (i.e. time without limited driving privileges). At this stage in proceedings, a judge can postpone imposition of suspension until after your case has been fully heard and adjudicated.

Decisions on this matter must be approached carefully, taking personal circumstances and the potential ramifications into account. A stay may make sense in order to protect a job, family obligations, etc. However, in other situations it might make more sense for an ALS to run its course before serving court-imposed suspension later – especially where conviction of OVI is imminent. A lawyer can explain all these issues and suggest what the best approach might be for each specific circumstance.

How can I win my license back at an ALS hearing?

An ALS hearing is an essential step towards protecting your driving privileges. A skilled DUI-DWI specialist can use police reports, dash cam video footage, calibration logs and BMV records against the state in their defense case and petition for limited driving privileges so you can continue working, attending school and caring for family during any suspension periods.

An ALS hearing typically requires much lower standards of proof than in a criminal proceeding, as its focus is merely determining whether an officer had probable cause to stop you and read you the implied consent warnings; then you either refused a test or exceeded legal limits – having an experienced attorney represent your interests is key for winning your case.

If you need advice on how to win your ALS hearing, reach out to an experienced Georgia DUI lawyer immediately. A Savannah or Pooler DUI lawyer can explain the process, challenge procedural errors and work toward mitigating legal consequences as soon as possible.