The ALS Hearing is a civil proceeding. That is an important point to make when discussing this issue. As a civil proceeding, the driver is NOT entitled to all of the due process rights afforded the same driver in a criminal DUI trial. The only issue in the ALS is whether the driver should lose his license because of a violation of the Implied Consent law. O.C.G.A. 40-5-67.1. The burden of proof required in this hearing is only a preponderance of evidence, not beyond a reasonable doubt. It is stacked against the driver, particularly when there is a “refusal” in the case.
The parties, seldom consist of more than the arresting officer and/or the state's attorney, the driver and /or the driver's lawyer and the judge. The issues are very narrow:
1. Identify the driver, who the officer thought:
2 to be too impaired to drive, because of;
3. observations, field sobriety tests, and was;
4. arrested and read the Implied Consent Notice and either;
5. took the test and the result was over the legal limit for that specific license, or;
6. refused testing.
Your decision is not typically announced at the end but reported on the OSAH website within about ten days. If you win, you keep you license for the time being, pending trial. If you lose, you can begin the appeal procedure that begins in the next section.
Having attended hundreds of these, the officer's case can be stated in just a few minutes. How your lawyer might handle these very tight restrictions and issues, would be very lengthy, so I'll just suggest you hire the best “real DUI lawyer” you can afford.