In Georgia your Driver's License can be suspended before your criminal case is resolved. It is possible to suffer a suspension of your license and then be found not guilty at trial. There are two ways to have your license suspended before you are convicted of DUI.
If you refuse to take the requested State administered chemical test, or if you take the test and the result is a "per se" violation. Per Se is the level that the Legislature set that can mean guilty of DUI regardless of other factors. Simply the illegal act is having that specified amount of alcohol in your body. These levels are 0.08 grams% or more if arrested after July 1, 2001 and you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle. (If arrested before July 1, 2001 and you are age 21 or over, the legal level is 0.10 grams% or more.)
Following the arrest and test or refusal, the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This report is known as a DPS form 1205. The entire process is separate from any criminal hearing. The Administrative hearing is conducted by the Office of State Administrative Hearings (OSAH) . They are a totally separate agency set up by the Executive Branch of government to hear all kinds of issues. Some issues include workers compensation cases, health care issues, and even barber shop licensing!
If you either refuse to take the test or register a "per se" alcohol level, you have ten business days to request an administrative hearing. Legal State holidays, weekends, and the day you were arrested do not count. If you do not request the hearing within the ten business days, you can severely hurt your case and the following penalties apply:
REFUSING THE TEST
If you are read the Georgia Implied Consent Warning, you are given an option of refusing the State test. Should you refuse to take a test, your license can be suspended for up to one year without any work permit. The only way to get your license back is to win your DUI case at court or have the case reduced to a non-DUI charge. If you did not send a letter within 10 days of arrest, your license will be suspended on the 31st day after arrest.
THE "PER SE" VIOLATION (REGISTERING ABOVE 0.02, 0.04, 0.08)
Under 21: Per Se is .02
Over 21: Per Se is 0.08
Commercial Driver in Commercial Vehicle: Per Se is .04
If arrested before July 1, 2001 and over 21, the Per Se is 0.10
For a first offense within five years, if the officer initiates a "per se" suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one year. However, you may obtain a 30-day work permit. After this permit expires, you can receive early reinstatement of your driver's license if you complete DUI school and pay the appropriate reinstatement fee ($200.00 via mail and $210.00 if you apply in person). The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. Note, if you are a commercial trucker, the work permit is NOT good in the commercial vehicle it only applies to a personal car.
For a Second offense within 5 years, after July 1, 2001, the period of suspension shall be for three years. No work permit is allowed for 12 months. License reinstatement can take place within 18 months. Following interlock ignition requirements, Alcohol and Drug rehabilitation courses, DUI school, and a restoration fee.
For a Second offense within 5 years, before July 1, 2001, the period of suspension shall be for three years. No work permit is allowed for 120 days. License reinstatement can take place within 10 months. Following interlock ignition requirements, Alcohol and Drug rehabilitation courses, DUI school, and a restoration fee.
For a third offense within five years, if you do not request a hearing in a timely manner, or if you request a hearing and lose, your drivers license is suspended for five years. No work permit is allowed. You can seek a probationary license after two years.
If you receive an administrative suspension the time should be credited against any suspension that is received following the criminal case. The law holds that this applies for all offenders except third offenders in five years. However, if you receive an administrative suspension because you refused to take the state test, none of the suspension time will be credited against any suspension you receive if you are convicted or plead guilty.
