Forsyth County DDS ALS Hearing Guide
How to appeal your Administrative License Suspension (ALS) and protect your driving privileges after a DUI arrest.
Last verified: September 5, 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 before 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 by requesting a hearing with the Office of State Administrative Hearings (OSAH). You must also pay a $150 filing fee and install an ignition interlock device to get a limited permit during the appeal.
File Through Attorney
Why: Must be filed properly with OSAH
Deadline: Within 10 business days of arrest
Handles both ALS appeal and criminal case
File Pro Se (Self)
Where: DDS or online at dds.georgia.gov
What to File: DS-1205 form + $150 fee
Deadline: 10 business days
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 advise of implied consent
- * Testing equipment not properly calibrated
Documents to Gather:
- * DDS-1205 form (from arresting officer)
- * 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 available after 30 days with IID)
- 2nd:3-year suspension (limited permit after 120 days with IID)
- 3rd+:5-year revocation (no limited permit for 2 years)
Refused Chemical Test
- 1st:1-year hard suspension (no limited permit)
- 2nd:3-year hard suspension (no limited permit)
- 3rd+:5-year revocation (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 per O.C.G.A. 40-5-67.1.
What to Expect at the Hearing
ALS appeals are heard by OSAH
Georgia ALS appeals go through the Office of State Administrative Hearings (OSAH). This is separate from your criminal case in Forsyth County courts.
Duration
30-60 minutes typically
Who's There
You, your attorney, Administrative Law Judge, state representative
What They Review
Probable cause for stop, proper test procedures, implied consent warnings
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 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 Cumming Office
For license reinstatement after suspension ends, or questions about your driving record:
FAQ
Related Guides
The DDS-1205 form handed over at a Forsyth County DUI arrest is valid as a permit for 45 days, but the window to act is 30. Within 30 calendar days, the driver has to request an Administrative License Suspension hearing, with a $150 fee mailed to the Department of Driver Services in Conyers, or waive the hearing and take an interlock permit instead. Do neither and the suspension is automatic on day 46 and the appeal is gone.
The hearing pauses the suspension and buys leverage. If the arresting officer doesn't show, or agrees to withdraw the suspension in exchange for a plea, the license is fully restored. The interlock permit is the safer bet for a first offender who can't risk a loss: install the device, pay a $25 permit fee, and keep driving. The interlock has to stay on for 120 days in a test-failure case but a full 12 months if the arrest was a refusal, and a refusal with no hearing request means a 12-month hard suspension with no permit of any kind.
Reinstatement runs through the Cumming DDS office at 400 Aquatic Circle, which is closed Mondays and open Tuesday through Friday until 6 p.m. plus Saturday mornings.
Three companies install interlocks in the area. SmartStart runs about $75 to $150 to install and $80 to $95 a month. Intoxalock advertises a lower monthly rate but is widely criticized for surcharges and a roughly $75 lockout fee. LifeSafer has a center on Buford Highway in Cumming, which matters because monthly calibration means a trip back, and driving to another county for it on a restricted license is a real risk. All three devices draw power in cold weather that can drain a car battery parked outside overnight, so a trickle charger is worth the money. And a rolling retest asks for a breath sample while driving, which on GA-400 is a genuine hazard, with mouthwash, spicy food, or yeasty pastries capable of triggering a false fail that locks the car until it's towed in for a reset.
Sources
Last updated: September 5, 2026
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