The Georgia ALS hearing and the 30-day deadline after a DUI arrest

What the DDS 1205 means

Georgia runs two separate tracks after a DUI arrest. The criminal charge goes to court. The administrative track belongs to the Georgia Department of Driver Services (DDS), and it starts at the roadside or the jail.

Under Georgia's implied consent law, if you refuse the state-administered chemical test, or you take it and the result is 0.08 or more (0.02 or more if you are under 21, 0.04 or more in a commercial vehicle), the officer serves you a notice of intent to suspend, the DDS 1205. The officer takes your Georgia license and the 1205 works as a 45-day temporary driving permit.

The 30-day window

From the serve date printed on the front of the DDS 1205, you have 30 calendar days to choose one of these options. The DDS customer information sheet says you may choose only one.

1. Request an appeal (the ALS hearing). File a hearing request with DDS and pay the $150 filing fee set by state law.
2. Request an ignition interlock device limited permit. Available to some drivers 21 and older with a valid Georgia license and no DUI conviction in the past five years. DDS cannot issue it until it has received the 1205 and the device has been installed. Choosing this waives the hearing. See the interlock permit guide.
3. Do nothing. The suspension begins on the 46th day after the serve date.

DDS adds that a person who consented to the state-administered test may be eligible for a non-interlock permit instead. Ask DDS or a lawyer whether that applies to you.

How to request the hearing

DDS accepts ALS hearing requests three ways, and says the form must be fully completed and submitted within the appeal period or the request is rejected and the right to appeal is waived:

• Online, through your DDS Online Services account (Other Services, then the Hearing Request box).
• By mail, using the ALS Hearing Request form, sent to the address that matches your reason for appeal. For most requests that is Records Management, RM-Hearing Requests, P.O. Box 80447, Conyers, GA 30013.
• In person, at a DDS customer service center. The nearest one to Helen is listed on the local resources page. Centers do not accept checks.

An attorney can submit the request for you through DDS's attorney portal.

What the hearing decides

State law limits the hearing to a short list of questions:

• whether the officer had reasonable grounds to believe you were driving under the influence and lawfully arrested you;
• whether the officer read you the implied consent notice and its consequences;
• whether you refused the test, or whether the test showed 0.08 or more (0.02 under 21, 0.04 commercial); and
• whether the test was properly given, by a permitted operator, on an approved instrument in good working order.

It does not decide whether you are guilty of DUI.

Timing and the temporary permit

State law says the hearing is held within 30 days after DDS receives the request. Requesting a hearing does not by itself stop the suspension, but if you requested it on time and it is not held before your 45-day permit runs out through no fault of yours, the suspension is put on hold until the hearing officer decides.

If the suspension is upheld, the law allows a further appeal to court, but the suspension stays in place while that appeal is pending.

If the criminal case ends without a conviction

Under the same statute, if you are acquitted of DUI or the charge is resolved other than by a conviction or a plea of nolo contendere, the administrative suspension is ended and removed from your record. A plea of nolo contendere counts as a conviction for future DUI purposes.

Refusal and the one-year suspension

DDS says that if you refused testing, your license will be suspended for a minimum of one year, and that this suspension makes you ineligible for a limited driving permit if you are convicted of a first DUI. The refusal guide covers this in more detail.

What to have ready before you file

• the DDS 1205 notice, with the serve date and the officer's agency;
• your full name, date of birth, mailing address, and license number and state;
• the $150 hearing fee and a way to pay it; and
• if a lawyer will represent you, their name and contact details.

Keep proof of when you filed. Save or print the confirmation if you file online, and keep a copy and a dated receipt if you mail it. The 30 days run from the serve date on the notice.

Do you need a lawyer for this?

You may file the request yourself. A lawyer can file it for you, review the arrest paperwork, and help you decide between the hearing and the interlock permit, which is a choice you cannot undo. Local DUI lawyers are in the directory.