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Georgia Administrative License Suspension (ALS)



Changes to Georgia court fees now affect drivers who were recently accused of driving under the influence (DUI). In May of 2010, Georgia Governor Sonny Perdue signed House Bill 1055 into effect, which substantially raises judicial system fees in order to make up for the growing state deficit. This new law also affects the fee those accused of DUI must pay in order to save his or her driving privileges.

Inorder to avoid a license suspension, a driver who is accused of drunk driving must request an administrative license suspension (ALS) hearing with the Georgia Department of Drivers within ten business days of the DUI arrest. This license suspension may occur whether the driver took the test and was over the legal limit, or whether he or she refused to take the test entirely. If a hearing request is not submitted within this ten-day timeframe, the driver’s license will be automatically suspended.

To request an ALS hearing, accused drivers are now required to submit a $150 filing fee along with their paperwork. A check for this amount must be included with the request contesting the arresting officer’s proposed administrative suspension under O.C.G.A Section 40-5-67.1. Failure to include this fee with the request will result in an automatic license suspension, and an ALS hearing will not be scheduled.

The current document (Form 1205) being used by Georgia police departments to notify accused DUI drivers of their pending license suspension (for test refusal or operating a vehicle over the legal limit) does not yet indicate the change to the filing fees. In fact, the majority of attorneys and almost all drivers accused of DUI are totally unaware of this new change in the law. Unfortunately, this lack of knowledge could cost you your license.

Form 1205 states that the driver accused of DUI must include his or her name, license number, address, birth date, and telephone number in addition to the new $150 filing fee when requesting an ALS hearing. Information regarding the hearing, such as the names of all potential witnesses, a statement of facts that the accused driver would like to contest, a statement of the relief that the accused driver is requesting, and the attorney’s name and number must also be included.

For more information regarding House Bill 1055 and how it affects drivers who have been accused of DUI, please contact us at 404-250-1113.

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