You just got arrested for DUI. The officer took your license and handed you a yellow form. You have 30 days to request an ALS hearing in Georgia, or your license gets suspended automatically for a full year.
That 30-day window isn’t a suggestion. It’s a deadline.
We’re going to walk you through exactly how to request an ALS hearing and how we protect your driving privileges.
What is An Administrative License Suspension In Georgia?
An administrative license suspension happens outside of your criminal DUI case. It’s a separate civil action handled by the Georgia Department of Driver Services. The state can suspend your license even before you’re convicted of anything in criminal court.
Georgia’s implied consent law under OCGA § 40-5-67.1 says that by driving on Georgia roads, you agree to chemical testing if arrested for DUI.
When the Clock Starts
When you refuse a breath test or blow over the legal limit, the arresting officer fills out Form 1205. That form starts the clock on your administrative suspension.
DUI Charge vs. License Suspension
Your criminal DUI charge and your license suspension are two completely separate things. You can beat your DUI case in criminal court and still lose your license through the administrative process if you don’t fight it.
The 30-Day Deadline: Why It Exists And What Happens If You Miss It
Following a DUI arrest, you get a temporary driving permit good for 30 days. During those 30 days, you have three options:
- Request an ALS hearing to challenge the suspension
- Apply for an ignition interlock device limited permit
- Do nothing and lose your license for one year
Most people should request an ALS hearing. It gives you a shot at keeping your full driving privileges while your DUI case moves through the courts.
Your options are as follows:
- If you choose the ignition interlock option, you waive your right to a hearing.
- If you do nothing, your license will be suspended on day 46 after your arrest.
The automatic suspension typically takes effect once your 45-day temporary permit expires if you’ve neither requested a hearing nor installed an ignition interlock device.
More importantly, the 30-day deadline isn’t negotiable.
How To Request An ALS Hearing: Step-By-Step Process
Requesting a hearing in Georgia isn’t complicated, but you need to do it right. Here’s exactly what you need to do:
1. Get Form 1206
The Georgia Department of Driver Services provides Form 1206 for hearing requests. You can download it from the DDS website, or we can get it for you. This form is your official request to challenge the suspension.
2. Fill Out The Form Completely
You need to provide all the required information:
- Your full name and address
- Driver’s license number
- Date of arrest
- Reason for appeal (select “Administrative License Suspension/Refusal”)
Incomplete forms get rejected. Take your time and fill it out correctly the first time.
3. Include the $150 Filing Fee
The hearing request costs $150. You can pay by money order made out to the Georgia Department of Driver Services. Write your name and driver’s license number on the money order.
Remember, no fee means no hearing.
4. Mail Everything To The Right Address
Send your completed Form 1206, the $150 fee, and a copy of your Form 1205 to:
Georgia Department of Driver Services
RM – Hearing Requests
PO Box 80447
Conyers, GA 30013
We always recommend sending it certified mail with a return receipt. That way, you have proof that the state received your request within 30 days of your arrest.
5. Alternative Filing Methods
You can also submit your hearing request:
- In person at a DDS Customer Service Center
- Online through the DDS website (if you create an account)
Both methods require the same $150 fee and complete information.
What Happens After You Request A Hearing
Once the Georgia Department of Driver Services receives your properly filed hearing request, several things happen immediately.
1. Your Suspension Gets Placed On Hold
Your license suspension goes on hold as soon as the DDS acknowledges your request. You can keep driving on your temporary permit while you wait for the hearing date.
2. The Waiting Period
Hearings typically get scheduled within several weeks to a few months after you submit your request. During that time, you keep your driving privileges as long as your temporary permit hasn’t expired and you have submitted everything correctly.
3. Where The Hearing Happens
The hearing itself takes place at the Office of State Administrative Hearings. An administrative law judge presides over the hearing. This is not the same judge who will handle your criminal DUI case.
These are two separate proceedings with different standards and different outcomes. What happens at your ALS hearing doesn’t determine what happens in criminal court.
How the ALS Hearing Works in Georgia DUI Cases
At your administrative license suspension hearing, the burden of proof is lower than in criminal court. The state only needs to prove things by a preponderance of the evidence (more likely than not).
That means more likely than not, not beyond a reasonable doubt. The hearing focuses on specific issues:
Issue 1: Did the officer have reasonable grounds for the arrest?
The arresting officer must have had reasonable suspicion to stop you and probable cause to arrest you for DUI. If the stop was bad or the arrest lacked probable cause, the suspension can’t stand.
Issue 2: Were you properly informed of implied consent?
The officer is required to read you Georgia’s implied consent warning before asking for a chemical test. If they skipped this step or read it incorrectly, that’s a defense.
Issue 3: Did you refuse the test or blow over the limit?
For a refusal case, the state must prove you actually refused. For a test case, they must show your BAC was 0.08 or higher (or 0.02 for drivers under 21).
Issue 4: Was the test administered properly?
If you took a breath test or blood test, the state must show it was done according to Georgia law and proper procedures.
The Outcome Of An ALS Hearing
If you win your ALS hearing, the suspension gets delayed. Your license stays valid, and you avoid the administrative penalty entirely. This doesn’t affect your criminal DUI case one way or the other, but it means you keep your right to drive.
If you lose the hearing, the suspension takes effect.
- First offense within five years:
- Test over 0.08: License suspended for one year, but you can get a limited permit after 30 days by completing DUI school and paying fees
- Refusal: Hard suspension for one year with no limited permit available
- Second offense within five years: 18 months without a license
- Third offense within five years: Five years without a license
Even if you lose the ALS hearing, you still fight your criminal DUI charge separately. Winning or losing the administrative hearing doesn’t determine guilt or innocence in your DUI case.
What The Officer Must Prove At Your ALS Hearing
The arresting officer has to show up and testify at your ALS hearing. They don’t get to just submit paperwork and call it a day. The officer carries the burden of proving specific facts to justify your license suspension.
The Officer’s Testimony Under Oath
The arresting officer takes the stand and answers questions about your arrest:
- Why they stopped you
- What they observed during the investigation
- How they conducted the DUI investigation
- Whether they followed proper procedures
This testimony happens months after your arrest. Officers handle dozens of DUI arrests. They don’t always remember the specifics of your case. When their memory gets fuzzy, their testimony gets weak.
Documentation Requirements
The officer must produce the proper forms and documentation:
- Form 1205 they gave you at arrest
- Police report
- Test results (if applicable)
- Proof they followed Georgia testing procedures
Missing or incomplete paperwork can sink the state’s case.
What Happens When Officers Don’t Show Up
If the officer fails to show up and the state can’t proceed, the hearing gets continued to another date or the suspension gets rescinded. The state can’t suspend your license without the officer’s testimony in most cases.
Video Evidence And Body Camera Footage
Many DUI arrests get recorded on dash cameras or body cameras. That footage becomes evidence at the ALS hearing. It can support the officer’s version of events or completely contradict it.
Protect Your License Now
The 30-day deadline moves fast. People think they have plenty of time, then suddenly it’s day 29 and they’re scrambling to figure out what to do. Don’t let that be you.
If you’ve been arrested for a DUI in Georgia, call us right now. We’ll help you request an ALS hearing. We’ll start building your defense for the criminal charge.
Your license matters. Your freedom matters. Let us fight for both.
Author Bio
J. Ryan Brown
Founder
Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.
Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.
