free consultation:
(305) 788-0187
A DUI arrest in Georgia sets two separate legal processes in motion at the same time. The first is your criminal case. The second is an administrative proceeding that can suspend your driver's license independently of whatever happens in court. The Administrative License Suspension hearing moves on its own timeline with its own deadline, and missing that deadline can cost you your driving privileges before your criminal case has even begun.
The Ozer Law Firm represents drivers facing DUI charges and ALS hearings throughout Savannah and the surrounding Georgia communities. If you were recently arrested for DUI, call us at (305) 788-0187 today.
An Administrative License Suspension (ALS) hearing is a proceeding conducted by the Georgia Department of Driver Services (DDS) that determines whether your driver's license will be suspended following a DUI arrest. It is entirely separate from your criminal DUI case and is focused solely on your driving privileges.
Your criminal case is heard in a Georgia court to determine whether you are guilty of DUI. Your ALS hearing is an administrative proceeding before a DDS hearing officer and determines whether the license suspension triggered by your arrest will be upheld or overturned.
You can win your ALS hearing and still face criminal charges, or have your criminal case resolved favorably while still losing your license through the ALS process.
You must request an ALS hearing within 30 days of your DUI arrest in Georgia to avoid an automatic license suspension and preserve your right to challenge it. This deadline begins on the date of your arrest and moves quickly, making early action critical.
Working with The Ozer Law Firm can help ensure your hearing request is filed correctly and on time so you can protect your driving privileges.
When you are arrested for DUI in Georgia and either refuse a chemical test or register a BAC of 0.08% or higher, the arresting officer may confiscate your license and issue a 30-day temporary driving permit. That permit also serves as your notice that a suspension is coming. You have exactly 30 days from the date of your arrest to request an ALS hearing with the DDS and pay the required filing fee. Requesting the hearing triggers a stay of the suspension, meaning your driving privileges remain intact while the hearing is pending.
Missing the 30-day deadline waives your right to an ALS hearing entirely. The suspension goes into effect automatically, and there is no administrative appeal available. For a first offense, that suspension can last up to one year.
This deadline is the single most time-sensitive obligation following a Georgia DUI arrest, and it is one of the first things our Savannah DUI attorneys address when we begin building your case. Call us today at (305) 788-0187 to ensure you don’t miss this sensitive deadline.
Understanding how the ALS hearing process works can help you make informed decisions and avoid costly missteps after a DUI arrest. With guidance from The Ozer Law Firm, you can navigate each stage of the process with a clear strategy and protect your driving privileges at every step.
At the time of your arrest, if you refused a chemical test or tested at or above the legal limit, the officer will take your physical license and issue a Form 1205, which serves as both your temporary driving permit and your official notice of the pending suspension. The date on that form is the starting point for your 30-day window.
Your attorney files a written request for a hearing with the DDS Office of Special Hearings along with the required fee. Once the request is properly filed, the suspension is stayed and a hearing date is scheduled. This step must be completed before the 30-day deadline without exception.
Between the hearing request and the scheduled date, your attorney reviews the arrest report, the officer's observations, the circumstances of the traffic stop, the administration of any field sobriety tests, and the chemical testing procedure. This preparation period is where potential defenses are identified and the legal strategy for the hearing is built.
ALS hearings are conducted before a DDS administrative law judge rather than in a traditional courtroom. Both sides present evidence and arguments. The arresting officer is typically subpoenaed to appear and can be cross-examined. Your attorney presents challenges to the suspension based on the evidence gathered during preparation.
After the hearing, the officer issues a written decision either sustaining or rescinding the license suspension. If the suspension is rescinded, your license is returned. If it is sustained, the suspension takes effect and your attorney can advise on next steps including limited driving permits or further appeal options.
If you have been arrested for DUI and have not yet requested your ALS hearing, call The Ozer Law Firm at (305) 788-0187 immediately.
The hearing officer evaluates whether the officer had reasonable grounds to believe you were driving under the influence, whether you were lawfully arrested, whether you were properly informed of the implied consent notice and its consequences, and whether you refused the test or tested above the legal limit.
Evidence commonly presented at ALS hearings includes the:
Your attorney may also present independent evidence challenging any of these elements.
The arresting officer is a critical figure in the ALS hearing. If the officer fails to appear after being properly subpoenaed, the suspension is typically rescinded in your favor. When the officer does appear, cross-examination focused on the lawfulness of the stop, the accuracy of observations, and the proper administration of testing procedures can reveal weaknesses in the state's case.
Effective ALS hearing defense usually focuses on the specific legal requirements the state must meet to sustain a suspension. Common strategies include:
If the officer lacked a lawful basis to stop your vehicle or to request chemical testing, the evidence obtained from that stop may be challengeable. A stop based on insufficient grounds can undermine the entire basis for the suspension.
Breath and blood testing equipment must be properly calibrated and maintained, and tests must be administered according to strict protocols. Records showing maintenance failures, calibration gaps, or procedural errors can challenge the reliability of a test result. In refusal cases, whether the implied consent notice was clearly communicated and understood is a critical issue.
What happens after your ALS hearing depends on the outcome, and each result carries different consequences for your driving privileges and next steps. With guidance from The Ozer Law Firm, you can understand your options and plan effectively regardless of how the hearing is decided.
If the hearing officer rules in your favor, the suspension is rescinded and your license is returned. This outcome does not affect your criminal DUI case, which continues on its own track, but it removes a significant immediate consequence of the arrest and can also produce evidence and testimony useful in the criminal proceedings.
If the suspension is upheld, your attorney can advise on options including applying for a limited driving permit that allows travel to work, school, or medical appointments during the suspension period. Longer-term options depend on the specifics of your case, your prior record, and whether an ignition interlock device is required.
Deciding whether to hire a lawyer for your ALS hearing can have a direct impact on both your driving privileges and your broader DUI defense. Working with The Ozer Law Firm ensures you have experienced guidance at every stage, from the administrative hearing to the related criminal case.
ALS hearings are administrative proceedings, but they carry real consequences and involve legal and evidentiary standards that are difficult to navigate without experience. A Savannah DUI attorney knows what issues are likely to be decisive in your specific hearing, how to subpoena and cross-examine the arresting officer effectively, and how to identify procedural or constitutional defects that may not be apparent from the paperwork alone.
Beyond the hearing itself, an attorney who handles your ALS proceeding is simultaneously building knowledge of the evidence in your criminal case. Cross-examination of the arresting officer at the ALS hearing can produce testimony that becomes valuable later in your criminal defense. The two proceedings are separate, but they inform each other, and having the same attorney handle both produces a more cohesive and strategic overall defense.
The Ozer Law Firm handles both ALS hearings and criminal defense matters, giving clients consistent representation across both proceedings from the start.
Attorney Jennifer L. Ozer opened the Ozer Law Firm in 2015 to work closely with clients, build real relationships, and provide the kind of personal, committed defense that larger firms often cannot offer. Being charged with a DUI is frightening, and the administrative and criminal processes running simultaneously can feel overwhelming. Jennifer is here to walk you through both, every step of the way.
She will not tell you what you want to hear. She will tell you what you need to hear, including an honest assessment of your case, what your options are, and what steps you can take to put yourself in the strongest possible position going forward.
Whether that means completing a DUI risk reduction program, addressing other case-specific factors, or simply making sure your ALS hearing request is filed correctly and on time, she will give you the straightforward guidance and aggressive representation your situation demands.
When you work with The Ozer Law Firm, you have an attorney who is genuinely invested in your outcome and committed to examining every available defense on your behalf.
Contact us at (305) 788-0187 today to speak with a Savannah DUI attorney about your ALS hearing and your case.
One call can make all the difference. Reach out now and let us start building the defense you deserve.
