30 Day Rule for DUI Arrests in Atlanta
Effective July 1st, 2017, the former 10-day period after a Georgia DUI arrest has been extended to 30 days. You now have 30 days to request an administrative license hearing (ALS) or else your Georgia driving privileges will be suspended. The ALS hearing is separate from your criminal case and is crucial to be able to keep driving. If you fail to request a hearing, your license will be automatically suspended. If you choose to request an ALS hearing, then the request for the hearing must be written and made within 30 days. The fee is $150.
ALS Hearing or Ignition Interlock Device
For a first DUI in Georgia, you have a choice to request a hearing or to install an ignition interlock device on your vehicle. The device must be on your vehicle for at least 120 days if you took a breath, blood, or urine test. If you are accused of not taking a test, then the device will be on your vehicle for 12 months.
No decision should be made without first consulting with an attorney! Every case is different; therefore, you must review your case with an experienced DUI attorney to determine what the best solution for your circumstances is.
What Happens at an ALS Hearing
At the ALS Hearing, your Atlanta DUI Attorney can argue that there was a lack of probable cause to arrest you for the DUI. Another option is to argue that the arresting officer violated Georgia's Implied Consent Law. When being arrested, the officer must have correctly read you Georgia's implied consent warning. A failure to do this or if they did not give you correct advice can result in the State losing their ability to use evidence against you at the hearing.
Arguments your Atlanta DUI Attorney can Make at Your ALS Hearing:
- Did the officer correctly read the implied consent warning to you?
- Were any of your rights violated during the arrest?
- Did the office give incorrect information to you about the implied consent warning?
- Did the arresting officer fail to choose an actual?
- Did you agree to a test after first refusing yet the officer said it was too late?
- Did you request an independent test that was no accommodated?
Winning your ALS hearing means that your Georgia driver's license has been saved and you can continue to drive.
Act Now to Protect Your Driving Privileges
Even though the time has been extended to 30 days, you need to act now! Most clients find the process confusing if they try to navigate it on their own so hiring an experienced DUI attorney is your best option! Your ability to drive impacts your job, school, and personal life so call us immediately to stop the automatic suspension of your license. We will fight to keep you driving. Contact us today for a free case evaluation.