Pros and Cons of Filing an Appeal to OSAH

Appealing your ALS involves submitting a request (online, by mail, or in-person) within those crucial 30 days after arrest, along with the $150 fee. Hearings are usually scheduled 45-90 days later, and your temporary permit extends until the decision is made.

Pros:

• Potential to Avoid Suspension Entirely: A win—often due to issues like insufficient probable cause, the officer's failure to appear, improper arrest procedures, or errors in the implied consent warnings—means your license stays intact with no restrictions.
• Extended Driving Privileges: The appeal process buys you valuable time, allowing unrestricted driving for potentially months while awaiting the hearing.
• Strategic Advantage for Your Criminal Case: The ALS hearing can uncover evidence or highlight weaknesses in the prosecution's arguments, strengthening your defense in the DUI trial especially in breath and blood test cases where the risk of hard suspension is not an issue..
• No IID Hassle: Success spares you the expense and daily inconvenience of an interlock device on your car.

Cons:

• Risk of a Hard Suspension: If you lose, especially in refusal cases, you're hit with a full 1-year no-driving suspension.
• Time and Additional Costs: Delays are common, and while the filing fee is $150, effective representation often requires an attorney (fees starting at $500+).
• Irreversible Decision: Once you appeal, you can't pivot to the IID permit if things don't go your way.
• Low Odds in Weak Cases: These civil hearings have a lower burden of proof ("more likely than not") than criminal trials. If the evidence is solid—such as a clear refusal —victory is tough, potentially leading to worse outcomes than the IID route.

In my experience, appeals are ideal for cases with clear procedural flaws or test cases where the downside is just 30 days with a work permit which is credited to your 120 day conviction suspension. We've secured dismissals for clients by exposing officer errors during these hearings.

Pros and Cons of Getting an IID Limited Permit for 1 Year

This option requires waiving your hearing, surrendering your license, paying a $25 permit fee, providing proof of an approved IID installation, and obtaining a restricted permit for essential activities like work, school, or medical appointments (Georgia residents only). The device must remain installed for the full 12 months.

Pros:

• Immediate Driving Access: Skip the risk of a one year hard suspension for refusing and start driving for approved purposes shortly after installation, all within the 30-day window.
• Reliable for Refusals: This is a guaranteed way to avoid a total 1-year ban, making it a lifeline for those who refused testing.
• Focus on Your Criminal Defense: With driving privileges secured, you can concentrate on fighting the DUI charges in court.
• Clear Path to Full Reinstatement: After 12 months of compliance, reinstate your license for a $210 fee, plus any required DUI school completion.

Cons:

• Significant Expenses: Installation costs $100-200, monthly monitoring runs $60-100, and overall expenses can top $1,000 annually.
• Daily Inconvenience and Stigma: You'll need to blow into the device to start or operate your vehicle, with risks of false positives from everyday items like mouthwash. It can be embarrassing in social situations.
• Committed for the Full Term: The 12-month requirement holds even if your DUI case is won or reduced early.
• Revocation Risks: Any tampering, failed tests, or violations could lead to permit revocation and a harsher 2-year hard suspension.
• Driving Limitations: Restricted to work, school, medical and dependents; no out-of-state travel; and only available to holders of Georgia Driver’s licenses.

For clients who rely on driving for their livelihood, the IID often provides essential relief, despite the drawbacks.