Henry 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 get limited permit faster
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 to the Georgia Department of Driver Services (DDS). The hearing is conducted by the Office of State Administrative Hearings (OSAH), not the criminal court.
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: Request for ALS Hearing
Cost: $150 filing fee
Not recommended - legal complexity
What OSAH 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 (given at arrest)
- * Citation and ticket copies
- * Any police reports available
- * Witness information
Georgia ALS Suspension Periods
Failed Chemical Test (0.08+ BAC)
- 1st:1-year suspension (limited permit eligible immediately with IID)
- 2nd:3-year suspension (limited permit after 120 days with IID)
- 3rd+:5-year suspension (no limited permit for 2 years)
Refused Chemical Test
- 1st:1-year suspension (limited permit after 30 days with IID)
- 2nd:3-year suspension (limited permit after 18 months)
- 3rd+:5-year suspension (no limited 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 conducts ALS hearings, not the criminal court. This is an administrative proceeding separate from your criminal DUI case.
Duration
30-60 minutes typically
Who's There
You, your attorney, OSAH judge, possibly arresting officer
What They Review
Probable cause for stop, proper test procedures, implied consent reading
Evidence That Can Help
- Dashcam or bodycam showing procedural errors
- Intoxilyzer 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 get limited 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 IID installed
Limited Permit
Work, school, medical, treatment
Georgia DDS Customer Service Center
For license reinstatement after suspension ends, or questions about your driving record:
FAQ
Related Guides
The Henry County Jail's strict policy gives inmates exactly 15 days from the date of booking to have a third party pick up their personal clothing (belts, shoes, jackets, etc.). If these items are not retrieved within the 15-day window, they are donated or discarded.
Henry County, Georgia DUI: Navigating Your License Suspension and ALR Hearing
If you've been arrested for DUI in Henry County, Georgia, you face not only criminal charges but also the potential suspension of your driver's license. This suspension is handled administratively by the Georgia Department of Driver Services (DDS), separate from your criminal case. Understanding your rights and deadlines is crucial, particularly the strict 15-day rule at the Henry County Jail.
The 30-Day DDS Window and Your Right to Challenge the Suspension
Following a DUI arrest in Henry County, you have 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing with the DDS. This hearing allows you to challenge the suspension of your driver's license. Missing this deadline results in an automatic license suspension. The extension to 30 days offers more time than the old 10-day rule, but it requires a strategic choice between fighting the suspension or accepting the interlock permit.
Requesting an ALS Hearing in Georgia
While specific methods for requesting a hearing in Henry County are not detailed, the standard Georgia process involves contacting the DDS. Check the DDS website (dds.georgia.gov) for the most up-to-date information on accepted methods, which typically include online requests or mailing a written request to the DDS headquarters. Be sure to include all necessary information, such as your name, address, date of birth, driver's license number, and the date of your arrest.
The Urgency of the 15-Day Property Rule at the Henry County Jail
While you're dealing with the potential license suspension and the ALS hearing process, don't forget the immediate logistical issues following an arrest. If you were detained at the Henry County Jail (120 Henry Parkway), be aware of the strict 15-day rule regarding inmate property. To reiterate: Inmates have only 15 days from booking to have someone retrieve their personal clothing items (belts, shoes, jackets, etc.). If unclaimed, these items are discarded. This is a separate issue from the legal timeline of your case and requires prompt action by family or friends. The designee must present valid photo ID between 8:00 AM and 3:00 PM, Monday through Friday.
Electronic Monitoring as an Alternative to Jail
Keep in mind that the court may order electronic monitoring (EM) instead of jail time. Be financially prepared as electronic monitoring can cost nearly $300 per week.
Sources
Last updated: January 6, 2026
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