What Happens To My License After A DUI Arrest in Georgia?When you are arrested for a Georgia DUI, if your BAC was .08% or higher, or you refused to take the chemical test, the police officer will take your license. Most times, the officer will confiscate your license on the spot and give you a 1205 DPS Form also known as a yellow permit. This form is your temporary drivers license. It also gives you the instructions you need to request a hearing with the Georgia Department of Motor Vehicle Safety. You must request this hearing within 10 days of your DUI arrest or your drivers license will be automatically suspended.
Administrative License Suspension (ALS) Hearing after a DUI Arrest
As previously stated, you have 10 days to request your ALS hearing. After your request is processed, you will get a hearing date through the mail. Usually, the date of your hearing will be 60 days after the request is filed. Your temporary drivers license (yellow permit) will be in effect until the hearing is completed. It is important to note that the ALS hearing is a civil proceeding and totally separate from the criminal trial for your DUI charge. The arresting officer must be present at the hearing or your DUI case could be dismissed. It is also possible that the officer could withdraw his request to have your drivers license suspended.
Administrative License Penalties after a DUI Arrest in Georgia
If you fail to appeal the administrative suspension of your license, your license will be suspended on the 31st day following your DUI arrest. The length of the suspension is determined by your previous record. If this is your first DUI, your length of suspension is one year. However, you will be able to get a 30 day work permit that will allow you to drive to work, school, daycare, medical appointments, etc. No leisure driving is allowed. During this period, you need to take a DUI Risk Reduction Program and pay a $200 reinstatement fee to be eligible for an early return of your license. This is achievable 120 days from your DUI arrest date. For your second DUI within a five year period, Georgia will suspend your license for 3 years. You will not be eligible for a work permit. You could be eligible for license reinstatement after 18 months if you complete the DUI Program and pay the required fee. If you refused to complete a breath or blood test in the state of Georgia, you will receive the same license suspension, but you will not be eligible for a work permit.
Should I Hire A Georgia DUI Attorney?
A DUI attorney has the experience and the knowledge to help you, not only with your criminal DUI charge, but also your ALS hearing. Your DUI attorney will know the procedures that police are required to follow and the DUI laws and DUI statutes. He will know the questions to ask to give you a chance to prevail at your ALS hearing. Your DUI lawyer will also be able to cross-examine your arresting officer and get his sworn testimony. This information could be invaluable when you decide whether or not to fight your DUI charge and how to go about mounting the best DUI defense.