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What are the best case scenarios for an implied consent hearing?

Atlanta, GA |

The form I received after the arrest said nothing about a 150 filing fee.

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Attorney answers 3


Unfortunately, there is a $150 filing fee for the administrative license suspension hearing. At that hearing, you can sometimes win (and thereby keep your license) if the officer doesn't show. Or, you can win by showing that there was not probable cause to arrest you for DUI, or that you were not read your implied consent rights, etc. Alternatively, you can sometimes strike a deal with the officer to let you keep your license in exchange for a plea to DUI or reckless driving. Give us a call if you would like to discuss your case at no charge at 404-881-8866.

J. Thomas Salata

J. Thomas Salata


Unfortunately the law doesn't require the form to tell you. Bummer, I know, but welcome to the world of criminal defense.


There is a $150 filing fee required by the state in an Administrative License Suspension (ALS) hearing. An ALS hearing is a civil not a criminal hearing. Basically, this means that if you loose the hearing, you can only have your drivers license suspended - not go to jail. A loss at the ALS hearing does NOT mean that you have been, or must be, convicted of DUI at a criminal hearing. The ALS hearing only addresses a very limited set of issues -- no reasonable articulable reason to stop, no probable cause to arrest, insufficient or defective implied consent warnings, request for an independent test not reasonably accommodated, testing device not proven to have been in working order, test not proven to have been conducted by an individual possessing a valid permit. Your attorney should know how to argue the issues that are specific to your case. The easiest way to win the ALS hearing is if the officer fails to appear. Your attorney would make the proper motion and the ALS judge should dismiss the officers case. Finally, an ALS hearing is a great discovery tool for the defense. The officer is under oath and his testimony at the ALS hearing can be used against him in the criminal portions of the case. I would advise you to retain a qualified, competent and experienced DUI attorney to represent you in this matter.


You must request an Administrative License Suspension hearing within 10 business days (2 calendar weeks) of your arrest otherwise your license will be suspended on the 31st day after your arrest. The best case scenario is that the officer will not show and the Administrative Law Judge will rescind the DPS form 1205 which initiates the suspension of your license. If a Georgia State Trooper made the case he will definitely show up for the hearing. If it is a local county or city officer he likely will not show and you will get to keep your license until the criminal hearing. You're not likely to win the hearing if the officer does show. This is because the scope of the hearing is limited to reasonable articulable suspicion to pull the car over, field sobriety tests and probable cause to arrest, whether Implied Consent warning was read, and was there a refusal or a test given that was over the legal limit. Even if you lose the hearing, your attorney would still get testimony from the officer that can be used to your advantage at a later motion to suppress hearing or at trial.

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