Will I be able to drive after my DUI arrest?
You rely on your vehicle to get you from home to work and school. Without your driver’s license, you may find yourself unable to hold a job, continue to further your education, or get your kids to and from school. Even further, daily living tasks like grocery shopping could become all the more difficult. As such, if you have been arrested for a DUI, one of your main concerns may be the status of your driver’s license. Depending on the facts surrounding your arrest, you could face suspension of your Georgia driver’s license.
The Thirty Day Rule
In Georgia, if you refuse to take a breath or blood test when a police officer requests it, your license will be automatically suspended for a period of up to one year. Further, if you comply and take the test, but you register above the legal limit, your license will also be placed on administrative suspension. After your arrest or refusal, you will be issued a Georgia Department of Driver Services Form 1205. This form is a 45-day temporary driver’s license, but it also provides notice that in 45 days your license will be suspended.
The good news for anyone who refuses to blow or blows above the legal limit is that there are ways to contest the suspension—but you must do so within 30 days from receipt of the Form 1205. You can request a hearing to appeal your Administrative Suspension. You will need to fight for your DUI in administrative court, but you will also need to fight the DUI in criminal court. The administrative hearing to have your suspension revoked can be complex and involves its own set of rules. As such, it is imperative that you arrive with an experienced DUI attorney by your side.
Your License Post-Conviction
If you are in fact convicted of a DUI, your license will be suspended. The nature of the suspension will depend on your unique case and what terms your attorney is able to assist you in achieving. Those convicted of a DUI could potentially lose their license for a year with no permits to drive, while others may be granted permits to drive to work or school. Contact a DUI attorney as soon as possible after your arrest to get started protecting your driver’s license and legal rights.