Following a Georgia DUI arrest, you have a limited amount of time to fight to keep your driving privileges. If you fail to assert this right, the state will automatically suspend your license. By knowing your rights and duties, you may be able to maintain your driving privileges following a DUI arrest. In this article, we examine the ways in which a person arrested for DUI in Georgia may be able to keep his or her license.
Consequences of a DUI Arrest
A DUI arrest can result in two types of cases: a criminal case and an administrative proceeding. On the criminal side, a DUI conviction can result in time behind bars, a fine of up to $1,000, enrollment in an alcohol treatment program, and probation. The administrative proceeding is held to determine whether a person charged with DUI will lose his or her driving privileges.
When a driver registers a 0.08 percent blood alcohol content (or higher), or if he or she refuses to take a DUI chemical test, the arresting officer will provide the driver with a Form 1205 from the Georgia Department of Driver Services. This form allows the driver to continue driving for 30 days. However, it also gives notice to the driver that the state intends to suspend his or her license. A driver arrested for DUI has ten business days to request a hearing to appeal the suspension of his or her license.
An administrative hearing can have several results. One is that the suspension is dismissed due to the arresting officer’s failure to appear. Another possible outcome is that the driver’s Gwinnett County criminal defense attorney and the arresting officer agree to dismiss the license suspension. Finally, a third option is that a hearing is held to determine whether the driver should lose his or her license.
If a driver loses an administrative hearing, the license suspension will apply. For a first offense, the suspension will be for a minimum of 30 days. After 30 days, a driver can request a driver’s permit for limited uses, including traveling to and from work, attending medical appointments, attending AA classes, or transporting children to school. However, a driver who refuses a mandatory chemical test or is convicted of a DUI drug crime is ineligible for a driving permit.
A driver becomes eligible for license reinstatement after his or her suspension period has lapsed.
Contact a Gwinnett County criminal defense attorney
If you’ve been arrested for DUI in Georgia, you need an experienced Gwinnett County criminal defense attorney in your corner. When you come to Carter Pilgrim for help, we’ll review your Georgia DUI case and plan an effective legal strategy. Our attorneys have a reputation for aggressively defending clients in the courtroom and obtaining favorable results at the negotiating table. Therefore, if you’re facing a DUI charge in Georgia, please contact us today to schedule an initial consultation.