ALS Hearing After Georgia DUI Arrest

A Georgia DUI arrest sets two separate legal processes in motion. One is the criminal prosecution itself. The other, running on its own track under O.C.G.A. § 40-5-67.1, is an administrative action by the Department of Driver Services to suspend the arrested driver’s license. This administrative license suspension, commonly called an ALS, does not depend on a criminal conviction, and a driver who wants to contest it must act within a narrow window that begins on the date of arrest.

The Temporary Permit

When an officer arrests a driver for DUI and the driver either tests above the legal alcohol limit or refuses chemical testing, the driver is issued a temporary driving permit at the time of arrest, on DDS Form 1205, valid for 45 days from the arrest date and allowing the driver to continue driving while the administrative process unfolds. The form also serves as written notice that the license is scheduled to be suspended once that 45-day period ends, unless the driver takes timely action.

The Deadline to Request a Hearing

Despite the 45-day permit, the operative deadline for contesting the suspension is shorter. A driver who wishes to challenge the ALS must submit a hearing request, on DDS Form 1206, to the Department of Driver Services within 30 calendar days of the arrest, accompanied by a $150 filing fee payable to the Department of Driver Services. A timely, properly filed request places the suspension on hold pending the outcome of the hearing, which is conducted by the Office of State Administrative Hearings.

Missing the 30-day window forfeits the right to an administrative hearing. Without a timely request, the temporary permit simply expires at the end of its 45-day term, and the suspension takes effect after that, running for the statutory period that applies to the circumstances of the case.

What the Hearing Actually Decides

An ALS hearing is narrow in scope. It does not retry the underlying DUI charge. Instead, it addresses a limited set of administrative questions: whether the officer had reasonable grounds to believe the driver was operating or in physical control of a vehicle while under the influence and lawfully placed the driver under arrest; whether the driver was informed of the implied consent rights and the consequences of submitting to or refusing testing; and whether the driver refused testing or produced a test result at or above the applicable legal limit. The hearing officer decides these issues under a preponderance-of-the-evidence standard, which is a lower bar than the beyond-a-reasonable-doubt standard used in the criminal case.

Two Independent Tracks

Because the ALS process and the criminal DUI prosecution are legally independent, the outcome of one does not control the other. A driver can prevail at the ALS hearing and have the administrative suspension lifted, yet still face the criminal charge in court. Conversely, a driver can have the criminal case dismissed, reduced, or resolved favorably while the administrative suspension remains in effect, because the administrative process operates under its own statute, its own evidentiary standard, and its own forum.

Suspension Length and Permit Eligibility

The length of an administrative suspension and a driver’s ability to obtain a limited permit during that period depend on factors including whether the driver refused testing or tested above the limit, and the driver’s prior history. As a general structural matter, suspensions tied to a refusal tend to be treated as harder suspensions, with limited or no opportunity to obtain a permit during the suspension period. Suspensions tied to a failed test, by contrast, more commonly allow a driver, particularly a first-time offender, to pursue an earlier limited driving permit after completing required steps such as a risk reduction course and paying applicable fees. Because the specific durations and eligibility rules can change and depend heavily on individual circumstances, drivers should look to the current Department of Driver Services schedule rather than assume any fixed number applies to every case.

This article provides general information about Georgia law and is not legal advice. Consult a licensed Georgia attorney about a specific situation.