If you’ve been charged with a Georgia DUI, should you opt for an ignition interlock or challenge your ALS suspension?

If you’ve been charged with a Georgia DUI, should you opt for an ignition interlock or challenge your ALS suspension?

One of the first big choices after a DUI arrest in Atlanta will occur outside of the criminal court. The driver may need to choose whether to challenge Administrative License Suspension (ALS) or request an ignition interlock limited driving permit. This decision can impact driving privileges, legal strategy, work, family obligations, and direction of the DUI defense.

This is no game for guessing. An Atlanta DUI Lawyer can examine the arrest record and assist in recognizing that a suspension challenge may be a superior choice, or maybe it is better to continue driving privileges with an interlock permit. An Atlanta DUI Attorney can also inform you how the choice can impact the remainder of the DUI situation.

The ALS process typically starts when a driver is charged with driving under the influence (DUI) of alcohol after being arrested by a police officer and is accused of refusing the chemical test administered by the State of California or testing over the legal limit. The officer can issue DDS Form 1205, which can be used as a temporary driving permit for a certain period of time. For many people the temporary permit seems like time has passed. Unfortunately, the time to do something can come fast.

Typically, there are two distinct routes to go down. One is seeking an ALS hearing. The other option is to obtain an ignition interlock limited driving permit, if the driver is qualified. Both options may be limited or waived depending on your choice and a DUI Lawyer Atlanta can help compare both options.

An ALS hearing is a right to appeal the administrative suspension. Some of the issues that may be covered during this hearing include: if the officer had a reasonable suspicion of impairment, if the implied consent notice was properly served, if the person refused to submit to a test, and whether the test result obtained by the state meets the requirements for suspension. This hearing for some drivers may also be beneficial as it affords the defense a preview of the testimony and evidence given by the officer.

It can be important in a criminal case. A DUI Attorney Atlanta could take advantage of the ALS hearing to see the weaknesses in the traffic stop, arrest, implied consent warning, testing procedure, and paperwork. With the state’s case potentially having issues, opposing the ALS can offer vital value from a defense standpoint.

There’s risk for an ALS hearing, too. If the driver does not regain the hearing, the suspension may be instituted. This can cause significant hardship for a person who has an obligation to commute to work, school, medical and legal appointments, court, probation, or family obligations. For this reason the hearing option shouldn’t be considered automatic.

The ignition interlock limited driving permit isn’t. In lieu of contesting the ALS suspension, the driver can request a permit to operate with an ignition interlock device. This device must be given a breath sample prior to the vehicle starting and may need further samples during driving. This is can be beneficial for someone who may not be able to afford the privilege of driving.

An Atlanta DUI Attorney typically will ascertain eligibility for the driver. There are several facts that can determine eligibility such as previous DUI offenses, license conditions, if the person has a Georgia license, if there was serious injury or death involved, and if there are other suspensions. Special problems may apply to commercial drivers. Drivers from out of state will also have issues.

The main benefit of the interlock path is functional. Another option may be for a person to continue driving – although in a limited manner – instead of a hard suspension. That can be the most significant factor for a person whose career revolves around transportation. An Atlanta DUI Attorney will be able to discuss the exempt driving purposes and if they coincide with the driver’s normal activities.

The downside is that opting for interlock permit may entail waiving the ALS hearing. This means that the driver may miss the opportunity to challenge the administrative suspension in time. In cases where the arrest has legal issues, the arresting officer’s documentation appears weak, or the driver’s refusal or test defense is solid, a DUI Lawyer Atlanta might not recommend surrendering that hearing.

Cost is another consideration. Typically, an ignition interlock device will include installation, monthly monitoring, calibration and removal costs. There’s the inconvenience too. The driver is responsible for using the device properly and not to commit any errors that could further complicate matters. A DUI Attorney Atlanta will be able to assist the driver in deciding if the benefits are greater than the burden.

The correct answer will vary from case to case. If the evidence is less conclusive, it might be worthwhile to resist the ALS. The interlock option might be more practical for the driver if they are required to remain on the road and eligible for the interlock permit. If the applicant has a prior offense, CDL issues, or an out-of-state CDL issue, or a refusal allegation, the decision is more complicated.

The last thing you want to do is take no action. This might lead the driver to become inflexible and lose the strategy if the deadline is missed. After the deadline, the license implications can be quite difficult to manage.

When a person is arrested for DUI in Atlanta, the decision to suspend or revoke a license should be carried out promptly and judiciously. A qualified defense professional, such as James Yeargan, can consider the DDS paperwork, arresting details, testing issue, and driver daily needs. The focus is not to get you suspended. The objective is to select the route that will best serve the interests of the driver’s license, the DUI defense and the person’s life beyond the courtroom.