What is an ALS Hearing and what is the 30-Day Letter?
If you have been arrested for a DUI, you only have 30 days to schedule a hearing to avoid having your license suspended. Most people do not know about this because it is separate from the criminal proceeding, and they miss the opportunity to keep their license. Your license could be suspended for up to one year.
If this is your first arrest, then you have the option to choose between requesting an administrative license suspension (ALS) hearing or installing an ignition interlock device. This is a major decision and not one to be taken lightly. We urge you to reach out to our Hall County DUI Lawyers to see how each option would affect your life.
If you and your Gainesville DUI Attorney decide to file the 30-day letter, there is a $150 fee to submit the appeal. Once the letter has been sent, your driver's license suspension will be stayed until you have a hearing before the Office of State Administrative Hearings (OSAH). At the hearing, your DUI Lawyer in Hall County will fight the underlying charge or settle it with an agreement with the arresting office. The goal of the ALS hearing is to save your license and help you keep driving.
If you decide to install an ignition interlock device on your vehicle, that device must be installed within 30 days of your arrest. Then, you have to go to the Georgia Department of Driver Services to apply for an ignition interlock permit. If you submitted to a breath, blood, or urine test, then the device must stay on your case for 120 days. If you refused testing, then the device must remain on your vehicle for 12 months and cannot be removed for any reason, even if you win your case or it is reduced to another charge, such as reckless driving. That is just one of the reasons why installing an ignition interlock device must be carefully considered!
What happens if I do not request an ALS hearing or install the ignition interlock device?
After 30 days and no action, your license will be automatically suspended on day forty-six. If you refused testing, your license will be suspended for one year, and you will not qualify for a limited or restricted license. If you did take a breath, blood, or urine test, the suspension can be lifted as soon as thirty days.
If you failed to request an ALS hearing or install an ignition interlock device, contact our Hall County DUI Attorneys today. We know how to get a suspension lifted and have helped hundreds of clients with this situation.