Worried About Losing Your License After a Georgia DUI?
After a DUI arrest in Georgia, you are suddenly facing not just criminal charges, but also a separate Georgia DUI license suspension that can start before your case ever reaches court. The officer usually takes your physical license and hands you a DDS Form 1205, which acts as a temporary permit and notice that your license will be suspended unless you act. You generally have only 30 days to challenge the Administrative License Suspension (ALS) or choose other options, which is why people often talk about the “30-day DUI license suspension” rule. Our Dallas, GA DUI attorney helps drivers in Paulding County and across West Georgia use that short window wisely so they can keep driving while we fight the DUI.
Understanding Georgia’s ALS Rules and Your Options
01
What Is an Administrative License Suspension (ALS)?
An ALS is a separate process from your criminal DUI case, run through the Georgia Department of Driver Services (DDS) rather than the local court. When you are arrested for DUI—especially if you refuse a test or blow over the legal limit—DDS moves to suspend your license based on implied consent law, even if you have not been convicted of anything yet.
02
DDS Form 1205 and Temporary Permit
If the officer takes your license, they should give you a DDS Form 1205, which serves as both a notice of pending suspension and a temporary driving permit. This document explains that your right to drive is at risk and that you have a deadline to request an ALS appeal Georgia drivers must meet to keep their license active. You should keep this form with you whenever you drive and contact a DUI lawyer right away so the deadline is not missed.
03
The 30-Day Deadline to Act
From the date of your arrest, you typically have only 30 calendar days to decide how to respond to the ALS process. For many drivers, that means choosing between sending a “30-day letter” to request an ALS hearing or applying for a special ignition interlock device permit when eligible. Waiting too long or doing nothing almost always leads to automatic suspension, which can last months or even a full year depending on whether you refused testing.
04
ALS Hearing Option
If you request an Administrative License Suspension hearing Georgia offers through the Office of State Administrative Hearings, a judge will later decide whether the suspension should go into effect. At that hearing, the arresting officer can be cross-examined about the stop, arrest, and implied consent warning, and weak or missing evidence can sometimes lead to the suspension being thrown out. While your case is pending, your temporary permit is usually extended, allowing you to keep driving until the judge rules.
05
Ignition Interlock Option for Some First Offenders
Georgia law also gives many first-time DUI suspects the option to install an ignition interlock device on their car for a set period instead of requesting an ALS hearing. This route may allow you to continue driving without worrying about losing at the hearing, but it comes with strict rules, costs, and a requirement to waive your right to the ALS hearing. Choosing between a hearing and interlock is a strategic decision that should be made with an experienced lawyer’s guidance.
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Consequences If You Lose—or Do Nothing
If you lose the ALS hearing or fail to request it in time, your license suspension will begin automatically on a set date. A refusal can mean a full one-year suspension with no limited permit, while a failed test often results in a shorter suspension with possible limited driving privileges. The exact impact depends on your prior record, age, and other details, which is why early legal advice is so important.
What to Expect From the ALS Hearing Process
Once your lawyer files the ALS appeal request, DDS schedules a hearing—often at an Office of State Administrative Hearings location serving your area. At the hearing, an administrative law judge focuses on specific questions such as whether the officer had reasonable grounds to arrest you, properly read the implied consent notice, and followed required procedures for testing. Your attorney can subpoena the officer, cross-examine them about the stop, field sobriety tests, and breath or blood testing, and present arguments about why the suspension should not stand. If the judge rules in your favor, your ALS suspension is typically lifted and your license remains valid while the criminal DUI case continues in court.
Process overview:
- Your lawyer files the ALS appeal and ensures DDS receives it within the 30-day deadline.
- DDS issues a notice of hearing and your temporary permit is extended through the hearing date.
- At the hearing, your lawyer challenges the officer’s evidence and procedures.
- The judge issues a decision either upholding or rescinding the Georgia DUI license suspension.
ALS Hearing vs. Interlock: Comparing Your 30-Day Choices
After a Georgia DUI arrest, most drivers have two main paths for dealing with the ALS: request a hearing or choose the ignition interlock permit when eligible. Understanding how these options compare—especially in terms of cost, risk, and impact on your driving—can help you avoid a decision you regret later. The comparison below gives a general overview; we tailor advice to the specifics of your arrest, prior record, and goals.
ALS Hearing Request vs. Doing Nothing
- ALS Hearing Request: You or your lawyer file a written ALS appeal within 30 days, preserving your right to fight the suspension and usually extending your temporary permit.
- Doing Nothing: On about the 46th day after arrest, your license goes into suspension automatically, with no further chance to contest the Administrative License Suspension for that arrest.
Hearing vs. Ignition Interlock Option
- Choosing Hearing:
You challenge the basis for the stop, arrest, and implied consent warning, and if you win, there may be no ALS suspension at all from the arrest.
- Choosing Interlock: You install an ignition interlock device for a set period and can generally keep driving with restrictions, but you waive your ALS hearing and must strictly follow interlock rules.
Refusal Cases vs. “Over the Limit” Cases
- Refusal Cases: A lost or unchallenged ALS can mean a full one-year suspension with no limited permit, making a strong ALS appeal Georgia drivers often need especially critical.
- “Over the Limit” Cases: A suspension for a test result over the limit is often shorter, and you may qualify for a limited permit after meeting certain requirements, but the ALS still has serious consequences for work and family.
Represented vs. Unrepresented at ALS
- With a Lawyer: Your attorney handles the 30-day letter, prepares for the hearing, cross-examines the officer, and coordinates the ALS strategy with your DUI defense.
- Without a Lawyer: Many drivers miss deadlines or walk into hearings unprepared, not knowing how to challenge the evidence, which makes it much more likely the suspension will be upheld.
ALS Result vs. Criminal DUI Case
- ALS Result: Winning the ALS keeps your license intact for now, but your criminal DUI charge still must be resolved in court.
- Criminal Case Outcome: Even if you lose or skip the ALS, favorable results in the criminal case—such as reductions or dismissals—can affect future license status and long-term consequences.
If you are unsure whether to request an ALS hearing, choose ignition interlock, or do something else, our Dallas, GA DUI lawyer can review your Form 1205, deadlines, and goals so you can make the best decision before time runs out.
Questions About Georgia ALS and DUI License Suspensions
What is a 30-day letter or ALS hearing request?
A 30-day letter is the written request your lawyer sends to Georgia DDS within 30 days of your DUI arrest to contest the pending Administrative License Suspension. This letter asks for an ALS hearing so a judge—not just the paperwork—decides whether your license should be suspended. Without this ALS appeal Georgia law allows, your license will be suspended automatically when the temporary permit runs out. When you hire our firm, we prepare and file this request for you so the deadline does not slip by.
What happens if I miss the 30-day deadline after a DUI arrest?
If you do not request an ALS hearing or ignition interlock option within 30 days, your driving privileges are set to be suspended automatically, usually beginning on or around the 46th day after arrest. For a test refusal, the suspension can last a full year with no limited permit available, while a failed test on a first offense typically leads to a shorter suspension that may allow for a limited permit after meeting certain conditions. Once the deadline passes, it is very hard or impossible to undo the suspension, which is why acting quickly is so important. If you think you may have missed the deadline, contact a lawyer immediately to see if any options remain.
Should I choose the ignition interlock device instead of an ALS hearing?
For some first-time Georgia DUI cases, you may qualify to install an ignition interlock device for a period of time instead of requesting an ALS hearing. This option can let you keep driving with the interlock rather than risk losing at a hearing and facing a hard suspension, but it also requires strict compliance with interlock rules and giving up your right to the ALS hearing. The best choice depends on factors like your test result, prior record, and how strong your ALS defenses are. We walk clients through both options so they understand the pros and cons before deciding.
Will I get my license back if I win the ALS hearing?
If the judge rules in your favor at the ALS hearing, your license is typically not suspended based on that arrest, and your Georgia DUI license suspension is avoided—at least for the ALS portion. You still have to deal with the criminal DUI case, and a later conviction can carry its own license consequences. However, winning the ALS keeps you driving legally while the criminal case plays out and can sometimes help us negotiate a better resolution overall. If you lose, we will explain how long the suspension will last, whether you qualify for a permit, and what steps you must take to regain full driving privileges.
Do I need a lawyer for an ALS hearing in Georgia?
You are not required to have a lawyer, but ALS hearings involve legal rules, evidence, and procedures that can be difficult to navigate on your own. An experienced DUI attorney knows how to cross-examine the officer, challenge implied consent warnings, and spot technical issues that could save your license. People who go in alone often do not know what objections to make or what questions to ask, which makes it easier for DDS to uphold the suspension. Having a lawyer greatly improves your chances of protecting your license and allows you to focus on your life while we handle the legal details.
Need Help Beating a Georgia DUI License Suspension?
If you were arrested for DUI in Dallas, Hiram, or anywhere in Paulding County, the 30-day deadline on your DDS Form 1205 is already counting down. Garner Law Office can move quickly to file your ALS appeal, appear at your hearing, and guide you through every option to keep you driving while we fight your DUI in court.