Administrative License Suspension Breakdown

Understanding Administrative License Suspension: A Critical Overview

An Administrative License Suspension (ALS) is a consequence that arises after certain driving offenses in Georgia, such as being arrested for driving under the influence (DUI) or refusing to submit to a chemical test. For drivers who depend on their ability to drive for work, family, and daily activities, an ALS can create significant hardship. At Willis Law Firm, we want to help you understand what an ALS is, how it can affect you, and the steps you can take to contest it.

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The ALS process is separate from any criminal case related to DUI charges and is initiated automatically upon an arrest. This means that even if the court does not convict you of DUI, your driving privileges can be revoked. In Georgia, the Department of Driver Services (DDS) enforces ALS rules, and the revocation of your license can have long-lasting consequences.

What Is Administrative License Suspension?

An Administrative License Suspension is an administrative penalty initiated when an individual is arrested for DUI or refuses to submit to a chemical test. This suspension happens independently of the criminal court process and is based solely on the actions taken by law enforcement at the time of your arrest. Essentially, it is a civil process where the DDS suspends your driver’s license without the need for a criminal conviction.

• DUI Arrests: If a driver is arrested for DUI and has a blood alcohol concentration (BAC) of 0.08% or higher, the law automatically mandates an ALS.
• Refusal to Submit to a Chemical Test: In Georgia, if a driver refuses to take a breath, blood, or urine test when asked by law enforcement during a DUI arrest, their license will be suspended for up to one year, depending on the circumstances.

How Is an Administrative License Suspension Different From Other Suspensions?

It is important to note that an ALS is not the same as a suspension that happens due to a criminal conviction. When a person is convicted of DUI in court, there is typically a separate penalty and a possibility of a license suspension as part of that criminal case. However, the ALS is an automatic suspension that occurs even before the court date, and you do not need to be convicted to face this penalty.

The ALS can be appealed and contested, which is a critical factor in your ability to retain your driving privileges while you await your criminal case. It is essential to recognize that the ALS can be a serious obstacle to your ability to work and manage your day-to-day activities.

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Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

What Causes Administrative License Suspensions?

There are two primary reasons a driver may face an ALS in Georgia:

1. DUI Arrest with BAC Over 0.08%: If a driver is arrested for DUI and has a BAC of 0.08% or more, the officer will initiate an ALS. In such cases, the driver’s license will be immediately confiscated, and a temporary driving permit may be issued to allow the individual to continue driving while appealing the suspension.
2. Refusal of Chemical Testing: If a driver refuses to submit to a chemical test (such as a breathalyzer test or blood test) during a DUI arrest, the law mandates an automatic one-year suspension of their driver’s license.

Consequences of an Administrative License Suspension

The consequences of an ALS go far beyond the inability to drive. For many individuals, driving is a necessity, whether it’s for work, personal errands, or commuting. Losing your license can significantly impact your life in several ways:

• Job Loss or Job Insecurity: For individuals whose jobs require regular driving, such as delivery drivers, salespeople, or those working in industries like transportation or construction, an ALS can make it impossible to continue working.
• Increased Insurance Rates: Once your license is suspended, your car insurance premiums may increase due to the suspension. Insurance providers view suspended licenses as a risk factor, and they may raise your rates to reflect that risk.
• Difficulty with Family and Daily Life: Transportation becomes a challenge, particularly if public transportation is not an option, leaving you reliant on friends, family, or rideshare services, which can lead to added costs and inconveniences.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

How Long Does an ALS Last?

The length of time your license is suspended will depend on the circumstances surrounding the suspension:

• Refusal to Submit to Testing: The penalty for refusing to take a chemical test is typically a one-year suspension of your license.
• DUI Arrests: If you have a BAC of 0.08% or more, your license can be suspended for up to one year, depending on prior DUI arrests. First-time offenders may face a 30-day suspension, while repeat offenders may face a longer suspension period.

Can You Appeal an Administrative License Suspension?

Yes, you have the right to appeal an ALS. In Georgia, you can request an administrative hearing to contest the suspension, but you must do so within 10 business days of receiving the notice of suspension. If you do not request the hearing within this timeframe, your ALS will stand, and your driving privileges will be suspended.

At Willis Law Firm, we understand how overwhelming it can be to face an ALS, and our team of experienced DUI attorneys can help guide you through the process of requesting an appeal. By presenting a strong case, it is possible to have the suspension reduced or overturned.

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Steps to Appeal an ALS

If you are facing an ALS, here are the critical steps you need to follow:

1. Request a Hearing Within 10 Days: The first step is to formally request a hearing within 10 business days of receiving the suspension notice. If this deadline is missed, you forfeit your right to appeal the ALS.
2. Consult an Experienced DUI Lawyer: An experienced attorney can help you gather the necessary evidence to present at the hearing, including any supporting documentation, witness testimony, or other evidence that can help your case.
3. Prepare for the Hearing: The hearing will focus on whether the arresting officer had probable cause to arrest you for DUI and whether your rights were properly read and adhered to during the arrest. Your attorney will help you prepare for this process.

The Importance of Legal Representation in ALS Cases

Fighting an ALS can be a complicated and intimidating process. It is essential to have experienced legal counsel by your side to ensure that your rights are protected. The attorneys at Willis Law Firm specialize in DUI defense and ALS hearings, and we are dedicated to helping you navigate the appeal process effectively.

Our team will thoroughly review your case, assess the evidence, and work with you to build a strategy for your hearing. We understand the stress and disruption that an ALS can cause, and we will work tirelessly to ensure that your driving privileges are reinstated as quickly as possible.

If you are facing an Administrative License Suspension, don’t delay in seeking legal help. At Willis Law Firm, we offer free consultations to help you understand your options and begin the process of appealing your suspension. Our team is committed to fighting for your rights and helping you get back on the road.