Life with a license suspension can be extremely disruptive, yet Georgia law mandates all convicted DUI offenders must go through a suspension period before receiving their license back.
Trouble can start long before you have had a chance to plead guilty or not guilty or no contest in your case. Luckily, you may be eligible to reinstate your driver’s license after fulfilling certain requirements.
First Offense
When facing DUI charges in Georgia, two proceedings need to be addressed when defending against them: the criminal case and administrative license suspension proceeding. Should your DUI trial go to trial and be found guilty by judge and jury, then prosecutor working on behalf of the State will try to have you placed in jail, placed on probation with restrictions that include community service hours being completed or other conditions, fines being assessed or even suspension of driver’s license being requested from court.
Suspended driver’s licenses can have serious repercussions for daily tasks ranging from commutes to personal obligations. Therefore, it is vitally important that you understand why your license has been suspended in order to take the appropriate steps to rectify it.
DUI conviction is one of the primary reasons for license suspension, in addition to jail time and financial penalties. Furthermore, most courts mandate participation in a DUI risk reduction program known as DUI school before reinstating full driver’s privileges.
Some drivers may be eligible to have their license reinstated prior to the end of their suspension period if they install and maintain an ignition interlock device in their vehicle, which acts as a breathalyzer to detect when their blood alcohol concentration (BAC) exceeds legal limits. Installation and maintenance costs must be covered by the driver themselves; additionally, reinstatement fees may also apply depending on state laws in Georgia.
Second Offense
Repeat DUI offenses in Georgia are taken very seriously by the state, which imposes increasingly harsher punishments in hopes that repeat offenders learn their lesson and stop driving while impaired. Penalties from a conviction include both criminal penalties as well as administrative license sanctions from DDS (Department of Driver Services).
For driving in Georgia, a valid driver’s license from your home state or the Department of Motor Vehicles is essential. Loss of your driving privilege can seriously impede your life; making commutes to work harder or home responsibilities harder to meet.
If you are arrested in Georgia for DUI, the Department of Driver Services (DDS) will automatically suspend your driving privileges for 120 days without the ability to obtain a limited driving permit. This is due to Georgia’s implied consent laws which require drivers who are arrested to submit to blood, breath or urine tests as part of any formal DUI charges.
DUI attorneys in Georgia have used creative legal challenges to implied consent laws as successful defense strategies against DUI charges. Even if you refuse a state-supervised test, however, prosecutors can still file a DUI case against you in court using other evidence such as performance on field sobriety tests or your refusal.
Third Offense
Law enforcement uses indicators like swerving, speeding, erratic driving and failure to remain within one lane to identify impaired drivers. They can stop any driver they suspect is under the influence and ask questions or conduct field sobriety tests if necessary; additionally they can order a breath test in order to assess a driver’s BAC level; should one refuse a breath test, Georgia will suspend their license immediately due to implied consent laws.
Repeat offenses carry steeper penalties, and suspension periods can have far-reaching financial and personal repercussions for drivers. Consulting with a knowledgeable attorney could help minimize its effect and assist you through reinstatement.
DUI conviction carries significant legal repercussions and license suspension is an adverse repercussion. Depending on the specifics of your case, entering a nolo contendere plea (wherein one does not admit guilt but accepts penalties instead) could help avoid conviction and potentially save both your license and help prevent permanent marks on your record.
Understanding license suspension rules is critical to your legal strategy if you face multiple DUI convictions.
Fourth Offense
People charged with DUI in Georgia often feel devastated and overwhelmed when arrested, leading them to become anxious about how it will change their lives. It could impact employment or insurance rates or threaten freedom; yet suspension of driver’s license shouldn’t automatically lead to jail or permanent ban from driving.
One of the more prevalent misconceptions of Georgia DUI law is that when arrested for drunk driving, an arresting officer will immediately take your license away. That isn’t true – under Georgia’s implied consent laws, your privilege to drive will only be taken away if you decline a breath or blood test.
Refusing to take a breath or blood test will not only result in an automatic one-year suspension under Georgia’s implied consent laws, but the state will prosecute you for DUI based on other evidence. If not convicted of DUI charges, your privileges to drive will likely be reinstated 18 months later as long as you complete and pay all fees associated with DUI Alcohol or Drug Use Risk Reduction Program (DUDURRP).
Understanding that a DUI conviction will be reported to both the National Driver Registry and Interstate Driver’s License Compact can also help protect you. A good DUI lawyer, such as James Yeargan, may help reduce or avoid stigmatized conviction by filing nolo contendere (no contest) plea.
