It is only natural to ask about your Georgia driver’s license status after a GA DUI arrest. In most cases, an arrest for Georgia DUI results in loss of your driver’s license. The document provided to you to replace your driver’s license (the Form DS-1205) does not explain a GA suspended license from a Georgia DUI arrest. In fact, the document given to the driver (under both OLD and NEW law) has two different “time expiration” numbers.
DUI attorneys in Georgia who are DUI specialists know the laws on your GA license status after a Georgia DUI. The OLD rules (prior to July 1, 2017) gave fewer favorable options to protect and save your ability to drive, especially for a refusal under the GA implied consent law. Under NEW rules, for all arrests July 1, 2017 and after, the new driver’s license status in GA is more predictable and new options exist for the person with a first offense DUI (in the past 5 years).
Under the OLD ALS suspension form (that goes out of use on all arrests after June 30, 2017) the back of the form advises of 10 business days to appeal, but the front talks about the temporary driving permit expiring in 30 calendar days.
Under Georgia’s NEW implied consent law (OCGA 40-5-64.1) for administrative license suspension, the temporary driving permit form says 45 calendar days for the duration of the temporary permit, but allows the suspended driver to “elect” one of three options, within 30 calendar days:
An experienced DUI attorney in Atlanta, after reviewing your case (especially the police report, tickets and arrest DVD), can intelligently present you with your best option. The three paths shown above are the “suggested” alternatives available, according to the Georgia Department of Driver Safety (DDS Georgia), or commonly called Georgia DMV. But, highly experienced DUI law firms know other ways to resolve some administrative license suspension actions, beyond these three primary options.
Once 30 days after you arrest passes, you have lost the right to do either of the other options. If you seek the administrative appeal, then you give up any chance of waiving the hearing and getting the 12-month interlock. Similarly, waiving your DDS GA appeal rights and applying for the interlock device puts you on a path to comply with the laws surrounding ignition interlock, or be totally suspended from driving. No option exists to then seek a GA DDS appeal. These “hard” line consequences of your choices should convince you to obtain legal advice EARLY in the days following your Georgia DUI arrest.
First, no driver arrested for DUI in GA can take the 12-month interlock device option, and obtain an interlock-restricted license. Non-resident drivers from some states can find themselves suspended or revoked at home, and can also suffer a total loss of the right to drive in Georgia, due to a DUI refusal. A suspended license in GA for a Georgia resident permits several benefits when it comes to seeking to reinstate your Georgia driver’s license. Don’t make a hasty decision, or trust an average DUI firm to advise you about your options.
Like finding and using one of the top doctors in America, the best DUI attorneys in each state are in HIGH DEMAND. A DUI defense lawyer with high attorney ratings will charge more if you decide to hire a top Atlanta DUI attorney to fight for you.
Partners William C. “Bubba” Head, Larry Kohn, and Cory Yager are Atlanta lawyers who are all highly-rated trial attorneys. They all know the “ins and outs” of the new IID permit law in Georgia. Our DUI law firm can also provide insight about your arresting officer, in most DUI Georgia cases. This comes from vast prior experience plus a strong network of drunk driving lawyers across Georgia.
Call a DUI lawyer in GA to learn your options BEFORE you must decide about filing an ALS appeal, or possible installation of the 12-month ignition interlock device. Only by consulting an Atlanta criminal defense attorney with expertise in DUI defense can know the pros and cons of all of your options. Call us at 404-567-5515, and we will give you a FREE initial consultation.