After a DUI arrest in Georgia, the arresting officer typically issues Form DDS‑1205 (or a similar form) to notify the driver of the state’s intent to suspend their license under Georgia’s implied consent laws, which apply when a person refuses a chemical test. From the date of arrest or the date the notice is served (whichever applies), the driver has 30 calendar days to request an Administrative License Suspension (ALS) hearing. If the hearing is not requested within that time, the suspension goes into effect automatically, and the driver loses their license by default.

To request the hearing, the driver must submit a written hearing request along with a filing fee, typically around $150, to the Georgia Department of Driver Services. The hearing itself is an administrative proceeding, not a criminal trial, and is usually conducted before an administrative law judge (ALJ) through the Office of State Administrative Hearings (OSAH).

The ALS hearing is limited in scope: it does not decide guilt or innocence on the DUI charge, but instead evaluates whether the license suspension is legally valid under specific statutory factors. These include whether the officer had reasonable grounds for the arrest, whether the driver was properly informed of their implied consent rights, and whether the chemical testing procedures were lawfully carried out. If the judge rules in the driver’s favor, the suspension is rescinded and driving privileges are restored. However, if the judge upholds the suspension, the license remains suspended, regardless of what happens later in the criminal DUI case. That criminal process proceeds separately.

In some cases, any time already served under an ALS suspension may be credited toward a court-imposed suspension if the driver is later convicted. Alternatively, eligible drivers may choose to waive their right to an ALS hearing and instead apply for an Ignition Interlock Device Limited Permit (IIDLP), which allows continued driving with restrictions in exchange for installing a breath-testing device in the vehicle.

If you’re pulled over for DUI, contact our office today at (404)581-0999 and talk to one of our experienced attorneys.