Information on Administrative License Suspension for a Georgia DUI
What is an Administrative License Suspension?
Under Georgia DUI Law, an Administrative Suspension occurs when a driver tests higher than the “per se” blood alcohol level (BAC) of .08 or has refused to take a chemical test (breath, blood or urine) when asked to do so by a police officer. In most of these cases, the officer with take away your driver’s license and issue a 1205 DPS Form also known as a yellow permit. Under the Administrative License Suspension Law, the Georgia Department of Driver Services can move to suspend your driver’s license even before your actual DUI trial. The administrative license suspension is separate from the criminal DUI hearing and you must be successful at both stages to avoid losing your license.
You Only Have 10 Days to Appeal an Administrative License Suspension
Georgia DUI Administrative License Suspension 1205 Form
Once the officer has taken your driving license you have only 10 business days to appeal an administrative license suspension. If you do not appeal in a timely manner, you Georgia Drivers License (or your right to driver in the State for out of state drivers) will be suspended automatically for one to five years based on any prior convictions. This is why it is very important to contact a qualified Atlanta DUI Attorney immediately after your arrest so you can get the right guidance and information. If you are charged with a DUI in the Atlanta are please call 404-250-3206 to speak with Atlanta DUI Lawyer Doug Chanco.
Important Change to the Administrative License Suspension Law, as of May 13, 2010, there is a $150 filing fee for an appeal to an administrative license suspension.
What Happens if You Do Not Appeal an Administrative License Suspension within the 10 Day Limit?
If you do not appeal the administrative license suspension your license will be suspended on the 31st day after your Georgia DUI arrest. The length of the suspension varies as follows:
Penalties for a Georgia DUI Refusal of Chemical Test
If you refuse to submit to a chemical test (breath, blood or urine) when asked to do so by a police officer and you do not appeal the administrative license suspension within 10 day or your appeal is denied at the hearing, your license will be suspended on the 31st day after your arrest for one to five years depending on how many DUI convictions you previously have. No work permit is allowed for a Georgia DUI refusal even if this is your first charge.
Administrative License Suspensions for Having a BAC over the “per se” Level of .08
First DUI Offense within Five Years
Under Georgia DUI Law, a driver committing a first “per se” offense within five years that is not appealed in a timely manner or that is turned down at the administrative license suspension appeals hearing will face a one year license suspension. You may however obtain a 30-day work permit allowing you to drive to work, college, doctors appointments etc. (no recreational driving). After this permit expires and you have attended a DUI Risk Reduction Program and paid a reinstatement fee ($200 by mail, $210 if done in person) you may be eligible for early reinstatement of your license effective after 120 days from the arrest date.
Second and Subsequent DUI Offense within Five Years
For the second DUI offense in five years, the State of Georgia will suspend your driving license for three years. No work permit is available. After completion of DUI School and payment of the required fees you may be eligible for early reinstatement after 18 months.
For the second DUI offense in five years, the administrative license suspension will last for five years. No work permit is available. After completion of DUI School and payment of the required fees you may be eligible for early reinstatement after 18 months.
Special Note: Those Charged with a crime related to Marijuana or a Controlled Substance may face license suspension even if they were not in a motor vehicle. Please call the Law Offices of Douglas B. Chanco at 404-250-3206 for a consultation on these complex cases.
Importance of Having a Qualified Georgia DUI Lawyer at the Administrative License Suspension Appeal Hearing
If you appeal the administrative license suspension within 10 days and are successful at the appeals hearing, you will not face any of the above mention penalties. In my experience as both a prosecutor and a defense attorney, I have found that common citizens representing themselves do not have the requisite knowledge of the laws and procedures involved and are less likely to succeed than if they had hired an attorney. The administrative license suspension hearing is held in front of an administrative judge and a qualified DUI Lawyer will be able to cross-examine the police officer and “lock” him/her into a sworn testimony that may be handy later on in the criminal DUI hearing.
Please keep in mind the administrative license suspension hearing is separate from your criminal DUI trial and that success at both are needed to avoid legal penalties.