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A DUI arrest is one of the most stressful things that can happen to a person. In the hours and days after, there’s so much coming at you: the shock of the arrest itself, concern about your job, your family, what people will think. We get that. But buried inside all of that stress is a deadline that most people don’t even know exists, and missing it can make an already difficult situation significantly worse.
That deadline is 30 days. And it’s the first thing we need to talk about.
What is the ALS hearing, and why does it matter?
When you’re arrested for DUI in Georgia, two separate legal processes begin at the same moment. The first is the criminal case, the DUI charge itself, which will be handled in court. The second is the administrative case, handled by the Georgia Department of Driver Services (DDS), which has the power to suspend your driver’s license completely independent of anything that happens in criminal court.
This administrative process is governed by Georgia’s implied consent law under O.C.G.A. § 40-5-67.1. When you accepted a Georgia driver’s license, you implicitly agreed to submit to chemical testing if a law enforcement officer has probable cause to believe you’re driving under the influence. If you refused the test, or if you took it and the result was 0.08 or above, the officer likely issued you a Form DS-1205. That form is both your temporary driving permit and the clock that starts your 30-day window.
Here’s the critical part. If you do nothing within 30 days of your arrest, your license will be automatically suspended the moment that window closes. No hearing. No opportunity to challenge the suspension. Gone.
What are your options within that 30-day window?
This is where it matters that you talk to an attorney quickly, because the right choice depends on the specific facts of your case, and there is no one-size-fits-all answer. Generally speaking, you have two paths.
Option 1: Request an ALS hearing
You can request a formal hearing before the Office of State Administrative Hearings (OSAH) to challenge the license suspension. This hearing is separate from your criminal case and gives us the opportunity to challenge whether the officer had proper grounds to stop you, whether the implied consent notice was read correctly and at the right time, whether the chemical test was administered properly, and whether there were procedural errors in your arrest that could invalidate the suspension.
Even if we don’t win the ALS hearing outright, requesting it gives us something valuable: the right to subpoena the arresting officer and obtain discovery before your criminal case is fully underway. The information we gather at an ALS hearing can sometimes make a significant difference in how we approach your DUI defense.
Option 2: Install an ignition interlock device
As an alternative to requesting a hearing, you may be eligible to install an ignition interlock device on your vehicle and obtain a limited driving permit, which allows you to continue driving while your case works through the courts. For some clients, particularly those who depend heavily on their vehicle for work, this can be the more practical choice.
Whether this option makes sense for you depends on factors including your driving history, the nature of your charge, and what outcome matters most to you. We’ll walk through it honestly with you.
If you’re unsure which path is right for your situation, we’re happy to discuss your options during a free consultation. The sooner you reach out, the more time we have to act within that 30-day window.
What happens if you refused the breath or blood test?
Refusing a chemical test in Georgia carries its own consequences under the implied consent law. A first refusal typically results in a one-year hard suspension, meaning no driving at all, and no limited permit. That’s a serious penalty, and it’s one of the reasons why the ALS process and your options within that 30-day window are so important to understand quickly.
That said, a refusal is not the end of the road. There are meaningful defenses available, including whether the implied consent notice was properly read to you, whether it was read at the correct time relative to your arrest, and whether the officer’s conduct during the stop and arrest was constitutionally sound. These are exactly the kinds of issues we examine in every case.
What we look at in every ALS case
When a client calls us after a DUI arrest, the ALS issue is one of the first things we address. Here’s what we examine.
Was the DS-1205 form properly issued? This document triggers the 30-day clock. If it wasn’t properly completed or issued, the entire administrative process may be affected.
Was the implied consent notice read correctly, and at the right time? Under O.C.G.A. § 40-5-67.1, the notice must be read at the time the test is requested. Errors in timing or in the wording of the advisement can be grounds to challenge the suspension.
Did the officer have valid grounds for the traffic stop? If the initial stop was unlawful, evidence obtained during the stop, including chemical test results, may be challenged.
Were the chemical testing procedures followed correctly? Breathalyzer calibration, blood draw procedures, and chain of custody for lab testing are all areas we scrutinize.
Were your rights respected throughout the process? From the moment you were pulled over through booking, any constitutional violation can affect both the ALS proceeding and your criminal case.
Frequently asked questions
I wasn’t told about any 30-day deadline when I was arrested. Does it still apply?
Yes, unfortunately. The 30-day window begins at the time of your arrest regardless of whether anyone explained it to you. This is one of the most frustrating realities of Georgia DUI law, and exactly why getting legal help quickly matters so much.
What if my 30 days has already passed?
It depends on exactly when you were arrested and what, if anything, was done during that window. Call us anyway. There may still be options depending on your specific situation, and we’d rather have that conversation than have you assume there’s nothing to be done.
If I win the ALS hearing, does that mean my DUI charge is dropped?
No. The ALS hearing and your criminal DUI case are entirely separate proceedings. Winning the ALS hearing means keeping your license during the criminal process. It doesn’t affect the criminal charge itself. That said, what we learn at the ALS hearing can absolutely help your criminal defense.
Can I still drive after a DUI arrest?
If you received a DS-1205 form, it serves as a temporary driving permit for 45 days from your arrest date. After that, your ability to drive depends on what actions were taken within the 30-day window. This is another reason why acting quickly matters.
I took the breath test and it was over the limit. Is it even worth fighting the ALS?
Often, yes. A test result above the legal limit doesn’t automatically mean the suspension will hold. How the test was administered, the machine’s calibration history, and procedural issues during your arrest all matter. We’ve seen ALS hearings won on cases where the number itself looked bad on paper.
If you’ve been arrested for DUI in Georgia and you’re worried about your license, don’t wait to get answers. Contact Moffitt Law, LLC today for a free consultation. The 30-day clock is already running.
