Georgia Criminal Defense Lawyer Blog
#1. A Georgia DUI ALS is an administrative license suspension of your driver’s license. It is a separate procedure from your criminal trial. The GA DDS will suspend your license on the 31st calendar day after your drunk driving arrest IF you do not file an appeal within the first 30 calendar days.
#2. You can now elect to have an ignition interlock (IID) installed on your vehicle instead of filing for an appeal of your Georgia driver’s license suspension.
You only have 30 days after your arrest date to apply for an ignition interlock at your local Georgia Department of Driver Services (DDS) office but talk to an experienced DUI lawyer before taking this option.
Once your permit request is approved, you only have 10 days to then have the device installed at an authorized interlock device installation and monitoring company. If you choose the IID option, you waive your right to pursuing the suspension appeal.
#3. The day that you were arrested does not count towards the 30 days. For example, if you were arrested on a Wednesday, the first day that counts is Thursday. Again, you need to jump on this immediately. Not having a valid driver’s license while you fight your drunk driving charges is an added burden you do not need. You also have the option of installing an ignition interlock device on your vehicle. Ask us to help you decide which route to
#4. The appeal filing fee is $150 and is non-negotiable. This amount is set by the State. All Georgia DUI lawyers charge the same fee. The payment is not made out to your attorney. It is paid directly to Georgia DDS and can be a personal check, money order or cashier’s check. No credit card payments are accepted, nor any online payment vendors like PayPal or BitCoin. are currently accepted by DDS. The filing paperwork and payment must be hand delivered to the Conyers, GA DDS headquarters, or mailed by the U.S. Postal Service with a return receipt requested and a date-stamped receipt for when the letter was sent out. You can use UPS or FedEX to deliver, but there must be detailed tracking and signature receipt.
#5. The Georgia DUI ALS appeal can arrive at the Conyers, GA DDS after the 10th day, as long as it was sent within the first 30 business days.
#6. Keep a copy of the appeal paperwork and proof of payment in your car at all times, along with your Form 1205 temporary permit in case you get pulled over by the police. Use these documents as your driver’s license.
#7. Most GA ALS hearings take place within 60 days of receipt of your paperwork, and they are held in a civil court that is not the same as your assigned criminal court. Your Georgia DUI attorney’s office will send you an email with the name and location of this court, and the date and time. Our attorney will be there with you.
#8. An ALS hearing is not as involved as your criminal case hearings. They are over much more quickly and legal arguments are kept to a minimum. But don’t take this hearing lightly. Your ability to drive for up to a year is at stake.
#9. The DDS may offer hearing notices and their final decision online instead of through the mail.
#10. Your attorney likely will obtain a transcript of the hearing to use later in your criminal case. ALS hearings are tape recorded, but these recordings are often not easy to hear. Our veteran DUI attorneys prefer to bring in their own court reporter (whose services you retain) to create a full and accurate record. This transcript can be used for possible impeachment purposes during your criminal case.