Georgia Administrative License Suspension
You probably know that your driver’s license could be suspended in Georgia if you’re convicted of driving under the influence. Did you know that you could lose your license even before your trial?
How is this possible? Suspending your license automatically is called an administrative license suspension. Administrative suspension is entirely separate from your criminal trial or sentencing in court.
After being arrested for impaired driving, the police officer is required to read you a Georgia Implied Consent notice before requesting you to take a chemical test. There are three tests that you may be asked to take: breath, blood, and/or urine tests. The first two tests are used to determine your blood alcohol level. A urine screening is used for comprehensive drug testing.
If you refuse to take a chemical test, or you take the test and fail, the arresting officer will submit a report to the Department of Public Safety to automatically initiate an administrative license suspension. Again, this is separate from any criminal hearing you must attend later. You have ten business days after your arrest – and only ten business days – to request an administrative hearing to keep your license.
If you do not request a hearing within ten days, your license will be automatically suspended on the 31 st calendar day following your arrest. This suspension can last from one to five years, depending on whether a prior refusal exists. If you took the test and failed, it’s possible you may receive a 30-day permit to drive to work by applying at the DMVS office in Conyers.
However, if you miss the 10-day deadline and you refused the test when you were arrested, you will be denied a limited driving permit for work – even on your very first DUI offense. The same penalties exist if you go to the administrative hearing unprepared and lose your appeal.
If you qualify for a limited work permit, you may later become eligible for license reinstatement. However, early reinstatement requires you to complete DUI School and pay a reinstatement fee.
If you receive an administrative license suspension because your BAC was over the legal limit, the time that your license was suspended will be credited against any driver’s license suspension that you are sentenced to if you plead guilty or are convicted in criminal court.
This does NOT apply if you refused a chemical test and are subsequently found guilty in criminal court.
It is vital to request an administrative hearing within a timely manner. Professional DUI defense attorney Frank Gomez will guide you through this process. Complete our online form now so that you can schedule a free case consultation with him.