If you’ve been arrested for a DUI or refused a breathalyzer test in Cobb County, your driving privileges are at immediate risk—even before any criminal court proceedings begin. In Georgia, one of the first and most urgent steps you may face is the administrative license suspension hearing (ALS hearing). Failing to take timely action can result in an automatic license suspension for up to one year.
At Ghanouni Teen & Young Adult Defense Firm, we help young drivers and their families navigate this high-stakes process. If you’re wondering how to prepare for an administrative license suspension hearing, this guide covers what you need to know and the steps you should take to protect your ability to drive.
What Is an Administrative License Suspension Hearing?
An administrative license suspension hearing is a civil proceeding handled by the Georgia Department of Driver Services (DDS), not the criminal court system. It’s separate from any criminal DUI charges and focuses solely on whether your driver’s license should be suspended based on your refusal to submit to testing or your test results showing a BAC over the legal limit.
You are entitled to request this hearing, but you must do so within 30 calendar days of your arrest—otherwise, your license will be automatically suspended.
When Do You Need an ALS Hearing?
You may need to request an administrative license suspension hearing if:
- You refused a state-administered breath, blood, or urine test
- You took a test and your blood alcohol concentration (BAC) was 0.08% or higher (or 0.02% for drivers under 21)
- You were involved in a DUI arrest where implied consent laws were triggered
The hearing is your opportunity to challenge the suspension and present evidence that may allow you to retain your driving privileges.
Step 1: File a Timely ALS Hearing Request
This is often referred to as a “30-day letter.” Along with your request, you’ll need to pay a $150 fee to secure the hearing date.
Failing to submit the request on time will result in an automatic suspension, regardless of the circumstances of your arrest.
Step 2: Understand What’s at Stake
Recognizing what’s at stake during an administrative license suspension hearing is crucial to preparing an effective defense.
You could face:
- A 1-year suspension for refusing a chemical test (with no permit eligibility)
- A 30-day suspension for a first-time DUI with a BAC over the legal limit, with limited permit options
- Longer suspensions for repeat offenses or drivers under age 21
The outcome of the hearing can significantly affect your ability to commute, attend school, or maintain employment.
Step 3: Review the Officer’s Report
Before your hearing, review the DDS Form 1205, which is typically issued at the time of arrest. This form outlines the officer’s version of events and forms the basis of the suspension. Key elements to review include:
- Whether you were read the implied consent warning
- Whether you refused or submitted to the test
- The results of any administered tests
- Observations about your behavior, speech, or appearance
If there are inconsistencies or procedural mistakes, these may serve as a defense during your administrative license suspension hearing.
Step 4: Build Your Defense Strategy
Your defense at an ALS hearing may focus on any of the following:
- The officer didn’t read the implied consent warning properly
- You were coerced or confused about the test refusal
- Your BAC result is unreliable due to timing or other issues
Unlike a criminal trial, the burden of proof is lower at an ALS hearing. However, you still have the right to present evidence and cross-examine the arresting officer. That’s why it’s important to be well-prepared.
Step 5: Appear at the Hearing Fully Prepared
The hearing typically takes place before an administrative law judge and may be held in person or virtually. Here’s what to expect:
- The arresting officer will testify
- Your attorney (if present) can question the officer
- You may present evidence or witnesses in your defense
- The judge will consider both sides and issue a ruling
Step 6: Explore Alternative Options
In some cases, you may be offered an Ignition Interlock Device (IID) permit as an alternative to suspension. This allows you to retain limited driving privileges by installing a breathalyzer in your vehicle.
Discussing your eligibility for an IID permit is an important part of preparing for the administrative license suspension hearing, especially for first-time offenders.
What Happens After the ALS Hearing?
Following the hearing, the judge may:
- Uphold the suspension
- Reverse the suspension, which would permit you to retain your driving privileges.
- Issue a limited driving permit, depending on your record and circumstances
Even if the ALS hearing doesn’t go in your favor, it may help your defense in criminal court by giving your attorney early access to the officer’s testimony and evidence.
Final Thoughts: Don’t Face an ALS Hearing Alone
If you’re facing an administrative license suspension hearing in Cobb County, time is not on your side. Missing the 30-day deadline can mean losing your license automatically, without a chance to explain your side.
At Ghanouni Teen & Young Adult Defense Firm, we focus on defending young drivers and guiding families through Georgia’s legal system. If you or your child is facing a license suspension after a DUI arrest, our team is here to provide experienced, responsive legal support tailored to your situation.