Understanding DUI ALS/DDS Hearings in Georgia

If you have been arrested for driving under the influence (DUI) in Georgia, one of the first things you’ll likely encounter is the ALS (Administrative License Suspension) hearing, managed by the Georgia Department of Driver Services (DDS). This hearing determines whether your driver’s license will be suspended following the arrest. While many people focus on the criminal aspects of a DUI charge, the ALS hearing can be equally critical, especially when it comes to maintaining your ability to drive. The team at Willis Law Firm understands the importance of this process and is here to provide essential guidance every step of the way.

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What is the ALS Hearing in Georgia?

The ALS hearing is an administrative procedure, not a criminal court trial. It takes place separately from any criminal proceedings related to the DUI arrest. The purpose of this hearing is to assess whether your driver’s license should be suspended due to your refusal to take a breathalyzer or other sobriety test, or if your test results exceeded the legal blood alcohol concentration (BAC) limit of 0.08%.

If you fail to request an ALS hearing within 10 days of your arrest, you will automatically face a suspension of your driver’s license. It’s crucial to act quickly and seek professional advice to ensure that you don’t miss this window, as it can have a significant impact on your driving privileges. Willis Law Firm is experienced in helping clients navigate this time-sensitive process, and we strongly recommend contacting us immediately after a DUI arrest to protect your license.

How the DDS Administers the ALS Hearing

In Georgia, the ALS hearing is conducted by a DDS officer, not a judge. The officer will review several key factors to determine whether the suspension of your driver’s license is justified. The hearing typically takes place within a few weeks of your arrest, and it will be based on several factors:

• Refusal to Submit to Testing: If you refused to take a breath, blood, or urine test during your arrest, this could trigger an automatic license suspension unless you successfully challenge the refusal.
• Test Results: If you submitted to a test and your BAC was over the legal limit, the DDS officer will review the validity of the testing process, including the proper administration of the test and the handling of the results.
• Probable Cause: The officer will also assess whether the arresting officer had probable cause to stop you, detain you, and ask you to submit to a chemical test.

Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

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

What Happens During the ALS Hearing?

The ALS hearing is an opportunity for you to challenge the administrative suspension of your license. It is not a criminal trial, so the focus will be on the facts of the DUI arrest and whether the procedure followed was appropriate. Here are the main elements of the hearing:

• Requesting the Hearing: You must request the hearing within 10 days of your arrest. Failing to do so will result in an automatic license suspension, regardless of the circumstances.
• Presenting Evidence: During the hearing, you and your attorney will have the chance to present evidence that may show the suspension was unjustified. This could include challenging the probable cause for your stop, pointing out any inconsistencies in the officer’s testimony, or presenting evidence that the breathalyzer test was improperly administered.
• The Officer’s Testimony: The arresting officer will typically be called to testify about the events that led to your arrest, the field sobriety tests conducted, and the results of the chemical test. The officer’s testimony will play a significant role in the hearing, and you have the right to cross-examine the officer to identify any weaknesses in their account.
• Possible Outcomes:
  • Suspension: If the officer determines that the evidence supports the suspension, your driver’s license will be revoked.
  • Reinstatement: If the officer finds that the evidence does not justify the suspension, your license will be reinstated, and the suspension will be lifted.

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

Why You Should Hire an Attorney for the ALS Hearing

While it might seem like a straightforward process, the ALS hearing can be quite complex, and there is no guarantee that the decision will be in your favor. An experienced DUI attorney can be invaluable in this situation. At Willis Law Firm, we have extensive experience handling ALS hearings and DUI cases, and we can help you present the most compelling case possible.

A lawyer can assist in:

• Requesting the Hearing: We’ll ensure that your request for the hearing is filed on time, giving you the best chance to protect your license.
• Evidence Review and Preparation: We will thoroughly examine the circumstances surrounding your arrest, the officer’s actions, and the testing procedures to identify potential weaknesses in the case against you.
• Cross-Examination of the Officer: Our attorneys will use their knowledge of DUI law to challenge the officer’s testimony, identify inconsistencies, and fight for your rights during the hearing.
• Appeals: If the hearing results in a suspension, we can help you explore the option of appealing the decision and fighting to get your license reinstated.

What Happens After the ALS Hearing?

Once the ALS hearing is over, the DDS officer will issue a ruling. If the officer rules in your favor, your license will not be suspended, and you can continue driving without interruption. However, if the officer rules against you, the following consequences will apply:

• License Suspension: If your license is suspended, you may be eligible for a limited driving permit, also known as a hardship license. This permit allows you to drive for specific purposes, such as commuting to work or attending school.
• Restricted License: In some cases, you may be allowed to drive with certain restrictions, such as installing an ignition interlock device in your vehicle to monitor your alcohol consumption while driving.

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The Criminal DUI Charge

It’s important to note that the ALS hearing is separate from the criminal DUI charges you will face in court. Even if your license is reinstated after the hearing, you could still face fines, penalties, or jail time if convicted of the DUI charge. The criminal DUI case will proceed in court, and the outcome of the ALS hearing will not affect the charges or penalties you face in the criminal case.

In Georgia, DUI penalties can be severe and may include:

• Fines 
• Community Service 
• Probation 
• Jail Time 
• License Suspension 
• Mandatory DUI Education Programs

Because DUI cases involve both an administrative hearing and a criminal case, it’s critical to have legal representation that can handle both aspects of the case. At Willis Law Firm, we are well-versed in Georgia DUI law and can guide you through both the ALS hearing and the criminal proceedings to give you the best chance of minimizing the impact on your life.

Willis Law Firm: Here to Help You Navigate Your DUI Case

At Willis Law Firm, we understand that a DUI arrest can be a stressful and confusing experience. From the ALS hearing to the criminal trial, we are here to support you and protect your rights. Our experienced attorneys are dedicated to helping individuals throughout Georgia navigate the legal complexities of DUI cases and fight for the best possible outcome.

Whether you are facing an ALS hearing, need help defending yourself in a DUI trial, or need assistance with appealing a license suspension, we are here to help. Contact Willis Law Firm today for a free consultation and take the first step toward protecting your driving privileges and your future.