Georgia DUI Defense

Georgia Administrative License Suspension (ALS)




Georgia Administrative License Suspension (ALS)In an effort to reduce the state’s growing deficit, the 2010 Georgia Legislature enacted dozens of changes to judicial costs in Georgia. Georgia Governor Sonny Perdue signed House Bill 1055 into effect on May 13, 2010. This bill added a supplementary court fee for all new driving under the influence (DUI) proceedings. In order to save his or her license, a driver who has been accused of DUI must now pay this new fee of $150.

Even before being convicted or pleading guilty in criminal court, drivers accused of driving under the influence face an administrative license suspension from the Georgia Department of Driver Services. This suspension may occur regardless of whether the driver tested over the legal limit or opted to NOT be tested, thereby refused to take a chemical test of breath blood or urine altogether. The accused driver has ten business days to request an administrative license suspension (ALS) hearing to appeal this automatic license suspension.

As a result of House Bill 1055, an accused driver must now pay this $150 filing fee to obtain an ALS hearing. This payment must be included with all letters seeking to appeal and must be sent during a ten (1) business day period following the arrest. The appeal is basically challenging the officer’s proposed driver’s license suspension, called for by O.C.G.A Section 40-5-67.1. If this $150 check or money order is not included with the hearing request, an ALS hearing will not be scheduled, and the accused driver’s license will be suspended on the 31st day after the DUI arrest.

The Form 1205, which is currently used by Georgia law enforcement agencies to notify accused drivers of their pending license suspension (for being over the legal limit or refusing to take the breath test), may not indicate the recent change to the law. In fact, most attorneys and nearly all DUI drivers who are trying to request a hearing are unaware of this recent change. In this case, what you don’t know can seriously affect you.

According to Form 1205, the accused driver must include his or her full name, current address, license number, birth date, and daytime phone number along with the $150 filing fee. In addition, the names and addresses of all witnesses, a statement regarding the license relief being sought, a statement of contested facts, and the attorney’s name, address, and telephone number should be provided.
WARNING: New $150 Fee MUST Accompany Your Request for a Hearing to SAVE YOUR LICENSE


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