Contact Us Today (770) 249-4405

What if I missed the 30-day Window to File an ALS Appeal of My License Suspension?

What happens if I don't file an appeal (or get an ignition interlock) within 30 days of my arrest?

If you had your license seized by police and you do not file either an ALS appeal or get the ignition interlock within 30 days of your arrest you could be in real trouble. To determine how big your trouble is, first determine what category of driver you are.

There are two categories of drivers who had their license seized, but failed to file an appeal or get the interlock within 30 days of arrest.

The two categories are: (1) Drivers who gave a breathalyzer that was over the limit; or (2) Drivers who refused the Breathalyzer or the Blood Test. By far, the larger category is (2). 

(1) If you provided a breath sample over the limit:

    • if you provided a sample over the limit, and the 30th day comes and goes without you doing anything, you will also have a 12 month license suspension. However, there's a big difference for you (since you did not refuse the test), you are eligible to get what's called an "ALS Permit." An ALS Permit is a limited driving permit (aka a work permit) that you are eligible for -- but only after 30 days of a full, hard license suspension. That means, if you had your license taken by the officer, and you are given a Form 1205 but do nothing for 30 calendar days -- you will get a 12 months license suspension. But, you can wait 30 days and go to DDS and get an limited driving permit, called an "ALS Permit." 
      • You can drive on the ALS permit, and the time you drive on it will be credited off any later license suspension (if you're eventually convicted of the DUI). 

(2) If you refused the test:

    • if you refused the blood or breath test, and 30 days comes and goes without you doing anything, you will have a 12 month license suspension. You are not eligible to get a work permit no matter what.
    • This is the nightmare situation. If this happens to you, the only way you can avoid a 12 month license suspension (without a work permit) is if your DUI is later reduced to something other than a DUI. In essence, if you win your DUI (either at a trial or by agreement with the State), you can go back to DDS and show them proof and they will give you your full license back. 
      • The DDS Manual states: "In the event the person is acquitted of a violation of O.C.G.A. §40-6-391, or such charge is initially disposed of other than by a conviction or plea of nolo contendere, the ALS suspension will be terminated and deleted from the driver's license record. The defendant is responsible for contacting DDS to initiate this procedure. The court will be asked to provide DDS with a letter certifying that the DUI case was disposed of by means other than a conviction or plea of nolo contendere. This letter should indicate the customer identifiers (name/DOB/DLN/SSN) violation date, case/citation number, and final disposition status."
      • So, if you can later get your DUI reduced, you have to contact DDS to initiate the procedure for reinstating your license. DDS will ask the Court to provide DDS with a letter certifying that the DUI was disposed of "by means other than a conviction." The letter has to have your name, date of birth, driver's license, and social security number -- as well as the citation number and the final disposition of the DUI. 

This is your life. Let us fight for it.

If you are facing criminal charges, you are in the right place. Give us a call at 770.249.4405, or send us a message.