Georgia Legal Defense

Why Wasn't I Informed About the ALS Hearing?

When someone is arrested for DUI, he or she receives one of two forms:

  • DS-1205
  • DS-1127 (If his or her BAC tests under the legal limit of 0.08 grams)

These are temporary drivers' licenses. The DS-1205 form expires after thirty days, while the DS-1127 form is valid for up to 180 days, with the option to renew for an additional 180 days.

Additionally, these forms serve as notice of an arresting officer's intent to initiate suspension of the driver's Georgia license. Unless the driver challenges the suspension by filing a request for an administrative hearing within ten business days of his citation, the driver's license will be automatically suspended for a period of one year. This 10-day window to challenge the automatic suspension makes it very important that the driver contacts an attorney as soon as possible after being cited for DUI.

Many of our clients are surprised to learn about the automatic suspension of his or her driver's license. They were not told that, unless they acted quickly to request an ALS hearing, their license would be automatically suspended. They often ask, "Why wasn't I told about this?" Rightfully so, they feel as though they have not been provided with the information they need to protect their rights to a fair adjudication.

In short, police officers generally do not explain the ALS hearing to drivers because it is not legally required. Police officers are not charged with informing drivers of their legal rights; that is the responsibility of the attorney. Under the legal system, it is unrealistically presumed that each citizen knows his individual rights. In reality, comprehensive knowledge about rights and liberties is not easily accessible. That's why we highly recommend consulting the qualified attorneys at The Schneider Law Firm who are experts in the defense of individual rights.

The truth is that non-lawyers almost never have the tools they need to adequately defend their rights throughout legal proceedings; the lack of information regarding the ALS hearing is only one of many examples. For this reason, we highly recommend contacting one of the attorneys who specialize in DUI defense at The Schneider Law Firm today.