Georgia DUI License Suspension
We often see celebrities on TV being arrested for DUI. The scene is all too familiar with them being hauled away in hand-cuffs, then later appearing in court. However, what you’re probably not aware of (and what the TV never shows) is a completely separate hearing that you’ll be facing outside of court.
In Georgia, you have 10 business days from the date of your DUI arrest to request a hearing with the DMV; otherwise you automatically lose your driver’s license! Keep in mind that this is a separate action from the criminal court that may also decide to suspend your driver’s license. The reason this is not considered double jeopardy (being convicted and penalized for the same crime twice) is that the administrative hearing is a civil proceeding, not a criminal case. Your DUI defense attorney can help make this process easier by requesting the hearing on your behalf and appearing with you during the hearing.
How does the DMV find out about my DUI arrest?
Whether you were arrested for DUI for a “per se” violation (going over the state’s legal limit) or you refused a chemical test (a violation of the Implied Consent Law), Georgia police are required to submit a report to the DMV. This triggers the administrative license suspension.
When you receive an administrative license suspension for a “per se” violation, the amount of time your license was suspended will be credited against a license suspension if you are convicted of DUI. However, if you refused to take a chemical test and violated Georgia’s Implied Consent Law, you will receive no credit and your suspension time will remain the same.
How long will my driver’s license by suspended for by the DMV?
Depending on your criminal record and if you have had any previous DUI convictions, you may lose your license for one to five years. In some cases, you can obtain a hardship license for traveling to and from work or school. You should immediately contact a qualified DUI defense attorney at HTW&W to discuss your options. Your attorney can help guide you through this complicated process that occurs before you even go to court!