What happens at an ALS hearing?

Previously, we discussed the DUI 10 day rule.  To summarize, if you are pulled over for DUI and refuse the officer’s testing, your license will be revoked automatically and you have 10 days to request an Administrative License Suspension (ALS) hearing.
 

So you’ve sent in your request for a hearing and paid your $150 fee, now what? Within 30 days, you should receive a letter from the Office of Administrative Hearings with the time and date of your hearing.    

There are 4 possible outcomes of the hearing --

1.  The officer does not show up to the hearing (this does happen, but don’t count on it) and you or your attorney ask for the matter to be dismissed.  While this takes care of the license suspension, it does NOT mean the criminal case against you is dismissed. 

2.  The officer does show up and you (or your attorney) negotiate for the Officer to withdraw his suspension application.   There are two ways that can be accomplished:

·  The officer might just agree to withdraw the suspension with no requirements

·   The officer might have you promise in writing to plead guilty at your criminal hearing. There are arguments on both sides as to whether this agreement can be used as evidence in your criminal case if you choose later on to fight the charge instead.

3.  You have an ALS Hearing and are successful.  During the hearing, the officer has to show the court that he/she had probable cause to stop you and that you either refused to comply with the blood/breath/urine test or tested above the legal limit. If he/she is not able to do so, and you or your attorney argue successfully then the suspension is lifted.

4.  You have an Administrative License Hearing and lose. In this situation, the officer is able to successfully show that there was probable cause, and you refused the test or tested above the legal limit. Your license is suspended.

Please remember that the ALS hearing is about your license revocation – NOT about the criminal portion of your DUI (Stay tuned for a future blog about the criminal portion of DUI.) This hearing is an important part of your DUI case, and any testimony of the officer under oath in that hearing can be used in a later DUI trial, should you choose to contest the charge.  

Having an experienced lawyer represent you will help ensure that your rights are protected. To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.