Charged with a DUI in Georgia? You have 30 days from the date of your arrest to have your Georgia DUI lawyer file your license suspension appeal, commonly referred to as an Administrative License Suspension or ALS hearing.
30-Day Warning for Anyone Arrested for DUI in the State of Georgia
The 30-day letter is a request for a Georgia ALS hearing. At this hearing, your attorney will present arguments used to protect your right to drive. If this hearing request is not made, your license may be suspended for up to one year. That is why it is so important to file for the ALS hearing within 30 days of arrest. If you fail to file this appeal, you will lose your right to challenge the suspension of your driver’s license.
Failure to act will result in a license suspension, and in the case of a refusal to submit to the State-administered test of your breath, blood, or urine, the suspension is for 12 months. It’s in your best interest not to make this decision without first consulting with a top-rated Georgia DUI Attorney. We are open Monday through Friday from 8 a.m. to 4 p.m. and available for weekend appointments and jail visits upon request.
Georgia ALS Hearing
At the administrative license suspension hearing, one of three things can happen:
- The Administrative License Suspension (ALS) can be “rescinded” or dismissed by the failure of the arresting officer to appear;
- Your attorney and the arresting officer can enter into an agreement to “rescind” or dismiss the administrative license suspension; or
- A hearing will be held to determine if the arresting officer can present sufficient evidence supporting the need to suspend your driver’s license administratively for a DUI arrest.
Your Georgia DUI Attorney can argue the lack of probable cause to arrest for the DUI or that the arresting officer(s) violated Georgia’s Implied Consent Law. The arresting officer must read the correct Georgia implied consent warning at the time of the arrest; additionally, he or she must also correctly answer your questions at the time of the arrest.
If his or her verbal advice contradicts the implied consent warning, the State may lose its ability to use the chemical test (blood, breath, or urine) against you. Also, when the officer makes a mistake insofar as reading the implied consent warning is concerned, the State may also lose the ability to use your alleged refusal to take their test.
Contact an Experienced DUI Attorney in Savannah
Experience matters. DUI laws and procedures are very technical, and it takes someone who has dedicated significant time to learning this area of the law to be proficient in defending such cases. Don’t lose your right to challenge the suspension of your driver’s license—act immediately. Contact me online or call 912-656-5996 to schedule a free consultation at my Savannah law firm.
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