Georgia DUI License Suspension
There are two cases involved with a drunk-driving offense. One is the criminal court case and the other is the DMV case. In the court case, you may be sentenced to time in jail, fines, and community service. In the DMV case you face an administrative license suspension. This suspension is separate from the suspension that will be ordered after a conviction.
After you pulled over on suspicion of DUI, the police officer will ask you to take a breath test. In Georgia, it is illegal to drive with a BAC (blood alcohol content) of .08 percent or higher if you are over the age of 21. If you fail this test, the officer will report this to the Department of Public Safety. You then have ten business days to request an administrative hearing.
If this is your first offense, and you do not request a hearing in this time frame, your license will be automatically suspended for one year on the 31 st day after your arrest. You may be able to obtain a 30-day work permit. For a second offense, this administrative license suspension will last for three years.
Did you know that you will receive an administrative license suspension even if you do not take the test? This is due to “implied consent” laws. When you signed to get your driver’s license, you agreed that you would take a chemical test if asked during a traffic stop. When you are pulled over, the officer will read the Georgia Implied Consent Notice.
If you refuse to take the test, the officer will send a report to the Department of Public Safety. As stated above, you have ten days to request a hearing. If you do not request a hearing, or you have one and lose, your license will be suspended for one to five years. There is no chance of a limited license for a breath test refusal.
If you have recently been arrested for DUI in Georgia, and are worried about an administrative license suspension, you should contact a DUI defense attorney. Greg Willis has years of experience in helping clients contest their DUI charges.
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