My license was suspended after I was arrested for DUI in Georgia. Can I get my license reinstated?
If you’re arrested for suspicion of driving under the influence or if you are involved in a serious car accident, law enforcement in Georgia will request that you submit to chemical testing to determine your Blood Alcohol
Content (BAC). Your decision to provide or refuse consent to chemical testing will affect the status of your license after your arrest. Georgia’s Administrative License Suspension (ALS) procedure for DUI cases is layered and bureaucratic, so you will most likely need the help of an attorney to navigate this process.
Georgia has a statute of Implied Consent, which establishes that by driving on a public roadway in Georgia, drivers have granted the State implied consent to chemical testing of their blood, breath, or urine if an officer of the law has reason to believe said driver is under the influence of an intoxicant. (See OCGA 40-5-67.1 for verbatim language of the Georgia Implied Consent notice that officers will issue). If the driver refuses to consent to chemical testing, no test will be administered (at least, not in Georgia). However, the state reserves the right to suspend that driver’s license for a period of 12 months in consequence for their refusal.
If you do consent to chemical testing, your license will still be suspended if your BAC is over the legal limit, but for a shorter period of time. Drivers charged with DUI in Georgia who provide a sample of their blood, breath, or urine will have their license suspended for a period of 120 days.
The arresting officer should give the driver notice of the proposed license suspension and issue a 45-day temporary driving permit. However, if the officer fails to issue such a notice, the Georgia Department of Driver Services (DDS) will mail notice of the license suspension to the driver’s last known address. After the notice has been issued, drivers have a window of 30 days to request a hearing to contest the suspension. If the driver fails to request a hearing within 30 days, the right to a hearing will be considered waived. Because officers issue a temporary driving permit upon seizing a driver’s license, failure to request a hearing will result in the license suspension going into effect on the 46th day after the officer served notice of the proposed suspension. If a hearing is requested, DDS must hold the hearing no more than 30 days after receiving a written request for the hearing. A number of issues can be brought up in this hearing, including whether the officer has probable cause to compel a chemical test, the driver’s consent or refusal to Implied Consent, and the results of any chemical tests administered. Depending on the results of the hearing, DDS may rescind or sustain the suspension of the driver’s license.
If the suspension is sustained, there’s still another method for appeal: the driver can file for a judicial review of DDS’s decision at the hearing. This does not mean that you can continue to drive while your suspension is being appealed. While awaiting the judicial review process, your license is still suspended.
It is vitally important to request a hearing in a timely manner and come prepared to defend your license. Make sure you hire an attorney with experience resolving DUI cases in Georgia so that you can increase the likelihood of the suspension being lifted.
If you can’t get the suspension lifted, there’s still a chance that you can start driving again before the suspension period passed in its entirety. You can waive your right to a hearing and instead apply for an Ignition Interlock Device Limited Permit (IID Limited Permit). This path allows you to drive as long as you install a working IID in your vehicle, however you can only drive in Georgia with an IID Limited Permit. Furthermore, whether or not you’re found guilty of DUI at court, you have to keep the IID Limited Permit for a full year.
There’s still another option if you aren’t able to successfully contest the suspension. Upon your first administrative license suspension, if you consented to chemical testing, you can get your license reinstated after 30 days have passed if you attend 20 hours of DUI school and pay a $210.00 fee to DDS. Subsequent ALSs are not so easy to mitigate, and it can take years to get your license back.
If you’re charged with a DUI in Georgia, the hourglass to fight for your license can run out of sand quickly. In order to protect your license and fight your criminal charges, be sure to hire an experienced Georgia DUI attorney to help guide you through these complex legal and administrative processes. At Best & Brock, we are prepared to pursue every route to ensure you’re able to drive to work, school, or other responsibilities. Contact us today to schedule a free consultation!
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