DUI License Suspension
Why you need to act, before you head to court:
We all know that a DUI arrest means going to criminal court where you’ll face a judge or jury and potentially lose your driver’s license. But did you know that before you have to appear in court, your driver’s license can already be taken away by the Department of Driver Services? Don’t let this “hidden law” take away your right to drive.
Georgia has a 10-day rule, which means that you have ten business days (starting with the day after your DUI arrest) to request an administrative hearing with the Office of Administrative Hearings. When you were arrested, the officer should have read and explained the Georgia Implied Consent Notice to you. This is a notice to warn drivers that refusing to take a chemical test can result in serious penalties. Whether you refused to take a chemical test or the result exceeded the per se limit, the officer should submit his or her report to the Department of Driver Services. Don’t let these 10 days pass without requesting your hearing! DUI defense attorney Holly Veal can help you through this civil proceeding.
What happens if I miss the 10-day mark for requesting a hearing?
If you refused to take a chemical test and you didn’t request a hearing within 10 business days, your driver’s license will be suspended for one year starting 31 days after your DUI arrest date. It is NOT possible for you to get any limited permit during an administrative suspension for refusing the state test.
When you are administratively suspended due to a “per se” violation for the first time within five years, you are eligible for a 120-day ALS limited permit. Upon payment of the reinstatement fee and providing proof of completion of DUI School, you can reinstate your license after 120 days. The amount of time that your license was administratively suspended will be credited against any license suspension you receive later in criminal court if you are convicted of DUI.
For further details about the administrative license hearing and your pending criminal court case, contact DUI defense attorney Holly Veal.