Clayton County DDS ALS Hearing Guide
How to appeal your Administrative License Suspension (ALS) and protect your driving privileges after a DUI arrest.
Last verified: January 6, 2026
10-Day Deadline
You have exactly 10 business days from your arrest to appeal your Administrative License Suspension (ALS). Miss this deadline and your license is automatically suspended. No exceptions.
Enter your arrest date to see your deadline:
If You Appeal in Time
- * Hearing scheduled with OSAH
- * Chance to keep your license
- * May avoid suspension entirely
If You Miss the Deadline
- * Automatic 1-year suspension
- * No hearing, no appeal
- * Starts on 46th day after arrest
How to Appeal Your ALS
In Georgia, you appeal your Administrative License Suspension through the Georgia Department of Driver Services (DDS). You must request an ALS hearing within 10 business days of your arrest by submitting an appeal form and fee per O.C.G.A. 40-5-67.1.
File Through Attorney
Why: Must be filed properly with DDS
Deadline: Within 10 business days of arrest
Handles both ALS appeal and criminal case
File Pro Se (Self)
Where: Georgia DDS online or by mail
What to File: Form DS-1205 (Appeal Request)
Cost: $150 filing fee
Not recommended - legal complexity
What the Hearing Officer Will Consider
Grounds for Appeal:
- * Officer lacked reasonable suspicion for stop
- * Improper administration of chemical test
- * Officer failed to read implied consent notice
- * Testing equipment not properly calibrated
Documents to Gather:
- * DDS Form 1205 (DS-1205)
- * Temporary driving permit
- * Any police reports available
- * Witness information
Georgia ALS Suspension Periods
Failed Chemical Test (0.08+ BAC)
- 1st:1-year suspension (limited permit after 30 days with IID)
- 2nd:3-year suspension (limited permit after 120 days)
- 3rd+:5-year hard suspension (no permit for 2 years)
Refused Chemical Test
- 1st:1-year hard suspension (no permit for 12 months)
- 2nd:3-year hard suspension (no permit)
- 3rd+:5-year hard suspension (no permit)
Important: 10-Year Lookback
Georgia looks back 10 years for prior DUI offenses. A second offense within 10 years carries significantly harsher penalties under O.C.G.A. 40-6-391.
What to Expect at the Hearing
ALS appeals are heard by OSAH
The Office of State Administrative Hearings (OSAH) conducts ALS hearings in Georgia. These are administrative hearings separate from your criminal court case.
Duration
30-60 minutes typically
Who's There
You, your attorney, administrative law judge
What They Review
Probable cause for stop, proper test procedures, implied consent warning
Evidence That Can Help
- Dashcam or bodycam showing procedural errors
- Breathalyzer calibration records (if not current)
- Witness statements about your sobriety
- Medical conditions affecting field sobriety tests
Should You Hire an Attorney?
With an Attorney
- Can challenge stop legality
- Knows how to challenge test procedures
- Can negotiate limited driving permit faster
- Handles both ALS appeal and criminal case
Without an Attorney
- State has experience against you
- May not know proper legal arguments
- Harder to get limited permit
- Lower success rate statistically
If You Lose Your Appeal
Losing the ALS appeal isn't the end. You still have options to maintain limited driving privileges:
Ignition Interlock
Drive with device installed
Limited Permit
Work, school, medical, treatment
Georgia DDS Forest Park Office
For license reinstatement after suspension ends, or questions about your driving record:
FAQ
Related Guides
The administration of criminal justice and traffic enforcement within Clayton County, Georgia, operates within a complex infrastructure anchored physically by the Harold R. Banke Justice Center in Jonesboro. If you've been arrested for DUI in Clayton County, understanding the Administrative License Suspension (ALS) process with the Georgia Department of Driver Services (DDS) is crucial, especially the strict 30-Day Rule regarding ALS hearings. This deadline operates independently of your criminal case, and failing to act within this timeframe can lead to an automatic license suspension.
Understanding the Georgia DDS and Your License Suspension
Following a DUI arrest in Clayton County, your driver's license may be seized by the arresting officer. This triggers a separate administrative process handled by the Georgia DDS, distinct from your criminal court case at the Harold R. Banke Justice Center. It’s critical to understand that you can "win" your DUI case in State Court but still lose your license if you don't address the DDS administrative process within the required timeframe.
The 30-Day Deadline: Act Fast!
You have only 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This is a hard deadline. Missing it results in an automatic suspension of your driver's license.
Requesting an ALS Hearing
While the arrest occurred in Jonesboro, the administrative hearing request is processed through the DDS Headquarters. Remember, the Harold R. Banke Justice Center has no jurisdiction over ALS hearing requests.
How to Request a Hearing: Unfortunately, the provided research data doesn't specify the precise methods (online, phone, mail) for requesting a hearing specific to Clayton County. Contacting DDS directly is advised.
Hearing Location
The specific location for your ALS hearing related to a Clayton County DUI arrest is not detailed in the provided data. You will receive notification of the hearing location from DDS after your request is processed.
What Happens at the ALS Hearing?
At the ALS hearing, you have the opportunity to challenge the suspension of your driver's license. This is a critical opportunity to present evidence and arguments to protect your driving privileges.
Option B: IID and the 30-Day Rule
Defendants can opt for the IIDLP (Option B under the 30-day rule) or who are mandated by the DUI Court to install a device, the Ignition Interlock Device (IID) becomes a daily reality. This technology introduces significant friction into the user's life, primarily through mechanical reliability issues and cost.
The market is dominated by three major providers, all of which have service centers in or near Jonesboro, Morrow, and Forest Park.
Smart Start has local presence with locations on Tara Blvd and surrounding areas.
Intoxalock has highly saturated marketing, locations at local mechanic shops (e.g., Pep Boys, local audio shops).
LifeSafer has locations in Morrow and Forest Park.
Important Next Steps
Because the provided data doesn't contain the precise methods for requesting a DDS hearing, a critical first step would be contacting the DDS directly to determine the available methods (online, mail, phone) and confirm the appropriate address for submitting your request.
Sources
Last updated: January 6, 2026
24/7 Legal Support
Need a DUI Attorney in Clayton County?
Get connected with experienced DUI attorneys who know Jonesboro courts and can fight for the best outcome.