ALS Hearing Procedure
The administrative license suspension hearing under O.C.G.A. Section 40-5-67.1 following a DUI arrest in Georgia is a civil proceeding conducted before an administrative law judge through the Office of State Administrative Hearings. The hearing addresses the lawfulness of the arrest, the adequacy of the implied consent notice, and the results of chemical testing or the fact of refusal. The proceeding operates independently of the criminal prosecution but produces testimony and evidence that may affect both cases.
30-Day Request Deadline
Georgia law requires the defendant to request an ALS hearing within 30 days of the arrest or the suspension takes effect automatically. Missing this deadline forfeits the right to challenge the suspension administratively and may result in immediate loss of driving privileges. Your lawyer can file the hearing request promptly upon engagement and use the hearing strategically to gather information about the state’s case.
What the ALS Hearing Covers
The ALS hearing in Georgia addresses a limited set of issues: whether the officer had reasonable grounds to believe the defendant was DUI, whether the arrest was lawful, whether the implied consent notice was properly read, and whether the defendant refused testing or tested above the per se limit. ThHere, the hearing does not address the defendant’s guilt or innocence of the DUI charge. Testimony and evidence at the hearing may be used in the criminal case.
Burden of Proof at ALS Hearing
The burden of proof at the ALS hearing falls on the officer or the state to establish the grounds for suspension by a preponderance of the evidence. You may challenge the state’s evidence through cross-examination and presentation of competing evidence. The relaxed evidentiary rules at administrative hearings allow evidence that might be excluded at a criminal trial. The lower burden of proof means the state need not prove its case beyond a reasonable doubt. This lower standard means the state can sustain the suspension with evidence that would be insufficient for a criminal conviction.
However, the burden remains on the state, not the driver. If the arresting officer fails to appear at the hearing or cannot articulate the basis for the arrest, the suspension should be rescinded. The officer’s absence is not uncommon, particularly when hearings are scheduled months after the arrest, and the defense should be prepared to move for rescission based on the state’s failure to meet its evidentiary burden.
Interaction with Criminal Case Timeline
The ALS hearing and the criminal prosecution operate on different timelines, and strategic decisions in one proceeding affect the other. Testimony given at the ALS hearing can be used in the criminal case, creating both opportunities and risks for the defense. Your attorney must coordinate the ALS strategy with the criminal defense strategy. In some cases, aggressively litigating the ALS hearing provides valuable discovery, while in others it may expose defense strategies prematurely.
License Permit Options During Suspension
Georgia offers limited driving permit options during the suspension period, allowing the defendant to drive for specific purposes such as employment, medical appointments, and school. ThSuch permit options and eligibility criteria depend on the basis for the suspension and the defendant’s prior record. The key move for your attorney is to advise clients about permit options to minimize the practical impact of the suspension on their daily lives.
OSAH Hearing Process
The Office of State Administrative Hearings conducts ALS hearings through a formal process that includes the presentation of evidence, cross-examination of witnesses, and legal argument. The administrative law judge issues a written decision after the hearing. ThThis hearing provides your attorney an opportunity to cross-examine the arresting officer under oath, which may reveal weaknesses in the state’s case or produce inconsistencies useful in the criminal proceeding.
Appeal of ALS Decision
A defendant who receives an unfavorable decision at the ALS hearing may appeal to the superior court for judicial review. The appeal challenges the administrative law judge’s findings and conclusions under an appropriate standard of review. ThA appeal must be filed within the statutory deadline. Judicial review of ALS decisions provides an additional opportunity to challenge the suspension and may produce rulings that affect the criminal case. The appeal must be filed within 30 days of the administrative law judge’s decision. The superior court reviews the record from the OSAH hearing and evaluates whether the ALJ’s findings are supported by any evidence of record. This is a deferential standard, but legal errors by the ALJ, including misapplication of the implied consent statute or failure to consider evidence properly before the court, are reviewed de novo and provide the strongest basis for reversal.