Atlanta DUI Attorney
Atlanta DUI License Suspension
How a Georgia DUI Affects Your License
Did you know that when you’re arrested for a DUI, you need to hire a lawyer within ten days otherwise you’ll face losing your license?
Georgia has what’s known as a ten-day rule, which applies specifically to your driver’s license.
When you were arrested for a DUI, the officer will file a DDS 1205 sworn report. At this time the officer will take your license away on the spot! He or she will then issue you a temporary driving permit. Do not lose this yellow piece of paper. What many people don’t realize is that on the back of this yellow piece of paper are important instructions on how to request a hearing with the Georgia Department of Motor Vehicle Safety within ten days of your arrest. What happens if you don’t request a hearing within ten days of your DUI arrest? You’re license will be automatically suspended! This is why it’s so important to hire an attorney immediately after your DUI charge.
If you do request the hearing within ten days, you’ll receive your hearing date by mail. Usually, hearing dates are set 60 days after the request. Your temporary license will be extended until this date. It’s important to understand that this civil proceeding is completely separate from the criminal proceeding. During the criminal proceeding, you may also lose your license, which is a rare but legal form of double jeopardy. This is legal because you are not being punished twice for the same crime because the administrative license hearing is a civil, not criminal case.
During the hearing, the arresting officer must be present otherwise the case will be dismissed. The officer could also withdraw his request to have your license suspended. If you lose during the hearing, it is possible to get a permit after 30 days if it’s your first DUI charge within five years.
If you are convicted of a DUI in criminal court, you will lose your license for 120 days. However, if this is your first conviction within five years, you can receive a work permit to drive during this time. By taking the Risk Reduction Course and paying a $210 reinstatement fee, you can have your license back after 120 days.
Georgia also has an Implied Consent Law, which can affect your license. By having a driver’s license in Georgia, you’re agreeing to take a blood, breath or urine test if properly requested by police.
Refusing to take a chemical test results in a one-year license suspension.
Call us today at
Field Sobriety Tests
Drunk Driving Resources
DUI Case Evaluation
Copyright © 2008-2010 AtlantaDUIAttorney.org. All Rights Reserved.