Georgia Administrative License Suspension (ALS)
Georgia House Bill 1055, signed into effect by Governor Sonny Perdue on May 13, 2010, introduced extra judicial fees in an effort to compensate for the state’s growing deficit. This new law impacts all new DUI arrests, as it requires an additional fee be paid in order for the accused driver to save his or her driving privileges.
In Georgia, any driver who refuses to take a breath test, or takes the test and is above the legal limit, may lose his or her driving privileges. To appeal this license suspension, the driver may request an administrative license suspension hearing within ten business days of the date of the drunk-driving arrest. If this ten-day deadline is not met, the accused driver’s privilege to drive will be automatically suspended.
Georgia House Bill 1055 now mandates that a $150 filing fee be included with a DUI-related ALS hearing request. In order for accused drivers to protect their licenses, they must submit this payment along with all letters that seek an appeal of the law enforcement agent’s recommended administrative license suspension, which falls under O.C.G.A. Section 40-5-67.1. If the $150 check is not included with the paperwork, the hearing will not be scheduled, and the individual’s driving privileges will be suspended.
Many DUI drivers and attorneys are unaware of the new change to the law. Unfortunately, the current document (Form 1205) being used by law enforcement agencies in Georgia to notify accused drivers of their pending license suspension (for testing over the legal limit or refusing to take the test) do not reflect the new fee that must be paid to file an ALS hearing request.
In addition to the $150 fee, the accused driver must include his or her name, address, driver’s license numbers, birth date, and daytime phone number with the hearing request. The names of all potential witnesses, a statement regarding the desired relief the driver is seeking, a statement of facts that are being contested, and the attorney’s name, address, and phone number must also be provided.
To learn more about how House Bill 1055 affects drivers accused of DUI, please contact us today at 404-250-1113.
