After the 10 day letter is filed, there will be an ALS Hearing. The Administrative License Hearing will determine whether you will be able to continue to drive both before your trial or plea date in Fulton County. The license hearing can also affect whether you will be able to drive after your case is completed.
There are four possible outcomes at an ALS Hearing. The first outcome is that the arresting office does not appear. That is the easiest to understand. The temporary license suspension is then lifted and you can go and get a new driver's license. Keep in mind, they will not return your old license. You need to go to the Department of Drivers Services and get a brand new license once you get the order from the court.
The second potential outcome is that your Fulton County DUI Attorney will convince the police officer to withdraw the suspension in exchange for an agreement by you to enter into some sort of plea bargain such as a plea to DUI or a plea to reckless driving or some other reduced charge.
The third potential outcome is that your attorney will convince the arresting office to withdraw the suspension without any agreement by you to enter into a plea of any kind. This is the best possible outcome in the event the officer appears at the hearing. In this situation you can later settle your case with a plea or take the case to trial. You are not bound by any agreement.
The forth possible outcome is that your Fulton County DUI Attorney will have the hearing before the Judge assigned to the case. In this event, you may win your case or lose it, as in any case. It is important to have your case properly investigated before having a hearing. That way your attorney can better predict the probability of winning your hearing.
The final outcome of your entire DUI case rests on what happens at the ALS hearing. As you can see, decisions will be made that can change the entire outcome of your case. That is why I never allow anyone to hire me just for the ALS Hearing or the 10 day letter. I require that my office is hired for the entire DUI Defense because of the interconnectivity of the ALS Hearing and the rest of the DUI Case.
In our next installment we will cover arraignment and why you need an attorney at your arraignment.