By: William C. Head, Criminal Defense Attorney Atlanta GA and ABA Board-Certified DUI Attorney
No one gets trained on Georgia implied consent law in high school or college. The first time most citizens ever hear or consider the words “implied consent” is after their arrest for DUI, and reading through the paperwork following the arrest and booking.
From reading the DDS 1205, the person knows that his or her Georgia drivers license was taken and sent to the Georgia Department of Driver Services (the GA DMV, which the state of GA calls “Georgia DDS.” For a 7-Part explanation of your DDS Georgia appeal rights, click this link.
After arrest, the Georgia law enforcement officer reads you the GA implied consent law “notice” about your obligation to take a forensic test of breath, blood or urine, to create a numerical result or quantitation of what is in your bloodstream, and possibly impairing you. At stake is your GA drivers license or license from another state DMV. The first basis is for TAKING the test and having a “reading” at over the Georgia DUI limit.
This is called an “administrative license suspension.” The second basis for administrative license suspension GA action is that your REFUSED testing, which is called a DUI refusal, or an “implied consent violation.” This “refusal to test” reason for an implied consent law action threatens to TOTALLY take away your right to drive for 12 full months, and is a FAR bigger threat than for drivers who took the Georgia implied consent law test that was requested by police under the provisions of OCGA 40-5-67.1.
Pursuant to implied consent law in GA, the arresting officer is supposed to confiscate the plastic Georgia driver’s license (or license issued by another state, if the driver is licensed to drive by another DMV or DPS office). A piece of paper is issued to that driver, which is a temporary driving permit.
Although the form provides for 45 days of driving, before it expires, the APPEAL or INTERLOCK “options” listed below disappear after the 30th day after your arrest. DO NOT GET CONFUSED, or treat this 30 DAYS as insignificant. Even a 2nd DUI in GA within 5 years can pursue an administrative license suspension appeal against the GA DMV to OSAH GA.
The day AFTER this license grab following a DUI GA is the FIRST day of a 30-day countdown, for the arrested driver to either ACT or fail to act, to try to salvage some type of privilege to drive, at DDS Georgia. This license suspension GA process, under implied consent, has no “grace period,” if you don’t file one of two things (if eligible for TWO) listed in the next sections.
This quick checklist will tell you if an ignition interlock device (IID) option is open to you, as one of two license suspension GA implied consent options:
If you “qualify” as shown above, then the IID option in Georgia can be considered by you, for being able to drive on a IIDLP (ignition interlock device limited permit) that is only issued by DDS GA. Strict time limits for acting, and then installing the IID apply, so go this GA IIDLP Fact Sheet to learn those details.
Everyone is eligible to file an administrative drivers license suspension appeal, to try to save your GA driver license, or right to drive in Georgia, for a person with a license issued by another State. This appeal, however, is determined by a much lower standard than “proof beyond a reasonable doubt,” which is the criminal law standard, for your criminal trial (if that option is taken).
To start that DDS GA driver’s license appeal process, a written request for a hearing must be filed within the 30 days after the date of arrest, along with $150 filing fee, payable to “Georgia DDS.”
After being arrested for DUI in Georgia, the first thing to do it identify an expert on Georgia DUI law through top attorney ratings. Look at who is BEHIND the law firm, review each of the trial lawyers’ credentials, and check out the criminal defense attorney who leads the law office. Every experienced DUI lawyer in the law firm must have full command of DUI laws and possess training in all aspects of successfully challenging the driving under the influence criminal case.
This successful defense record must include suppressing breath alcohol tests, and knowing every prior appellate decision on the Georgia implied consent law. An increasing number of drugged driving cases require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Being an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST) is also necessary.
The best DUI attorneys in Atlanta, Georgia will offer you a FREE consultation, explain how their criminal attorneys search for a successful defense in your case, and aggressively represent clients to the maximum extent the law allows. Limit your search to DUI lawyers who have legitimate lawyer ratings and a history of proven results on knowing how to beat a DUI. If we are the criminal defense attorneys for you, ask us about our attorney payment plans.
Call our DUI defense lawyers NOW, 24-7, for an initial case review and FREE legal advice: 404-567-5515, or email our criminal justice attorneys.