What is an ALS letter and what does it have to do with a DUI?
By David McKenzie, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
DUI is the one charge in Georgia that police and give to anyone. Combine this with never getting a DUI before, OR never being in trouble with the law and anxiety can drive you nuts.
You have just been released from the jail on a bond and your head is swimming with questions about what your next step should be in this situation. While the answer will generally depend on what the officer did after arresting you, we almost always recommend doing the ALS letter (Administrative License Suspension). What is an ALS letter?
In Georgia anytime an officer arrests someone for Driving Under the Influence (or DUI) that officer is required to take the driver’s “permit to operate a motor vehicle” (drivers license) and issue what is referred to as an ALS 1205 form. The officer should tell you that the form he is giving you will be your permit to drive. What the officer usually neglects to tell you is that you need to flip the form over and read the back for explanations of the other purpose of the form.
Let’s review the analysis on what your next steps should be after being released from jail on a bond. The analysis is similar to a yes/no flow chart. In review, let’s look at what steps you can take. Did you take the field sobriety examination and the breath test AT THE JAIL? Notice that “at the jail” is in all caps. There is another test that the officer will request roadside. That one is a portable breath test, and counts for nothing and cannot be used in the courtroom during a trial. If you took the test and your Breath Alcohol Content (BAC) was less than .08 you do not need to send in a Administrative License Suspension Letter (unless the officer still gave you a 1205 form). Giving a 1205 form for a driver that blows well under the .08 limit is an error by the officer. HOWEVER, if you blew under the limit and still got a form you will need to protect yourself and do the letter. If you refused the breath test at the Jail OR scored more than .08 on the BAC then you need to send in a ALS letter to the Office of State Administrative Hearings (OSAH) to stop the automatic suspension of your drivers privileges.
Per Georgia law, anytime someone is arrested for DUI in the state of Georgia, if the above criteria is met, the officer is required to take your license and issue a 1205 form. This form is the notice of the officers intention to suspend your driving privileges for being arrested for a DUI. The automatic suspension can be stopped by sending in a 30 day letter to protect your rights to drive your vehicle on the roadways in Georgia.
It doesn’t matter where you find yourself in Georgia almost all of the police force use this common charge to begin a DUI investigation including: Johns Creek Police, Alpharetta Police, Milton Police, DeKalb County Police, City of Decatur Police, Atlanta, Police Gwinnett County Police and the list goes on. This “tool” allows the police to stop a vehicle for any “legal” reason and their investigation can lead to to a DUI if they suspect the driver has been drinking or using drugs. The DUI task force officers or the Troopers with Georgia State Patrol (GSP Nighthawks), are out citing individuals who are arrested for Duluth DUI, Norcross DUI, Roswell DUI, Sandy Springs DUI, Johns Creek DUI, Alpharetta DUI, Milton DUI, Atlanta DUI, Gwinnett County DUI, Decatur DUI, Brookhaven DUI, Dunwoody DUI and will always try to do what they feel is necessary to keep the roadways safe. With everything that is going on it may be difficult to remember to keep track of your drinks or even worry about it.
If you have been accused by the police of driving under the influence then you need help from a trained DUI attorney. Should YOU find that you either don’t want to face the court alone or simply feel that you need help from an attorney then give our office a call regarding your citations. There are facts to every case where defenses can be raised for anyone charged with driving under the influence. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor’s office.
Remember that every DUI case is different because no DUI facts are the same. Application of situations and rules governing DUI Arrests for your situation would take examination of your facts surrounding your case and applying everything to create a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of DUI defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
