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Georgia DUI Arrest | 30 Days to Appeal License Suspension


By William C. Head, Atlanta DUI Attorney

When any driver is confronted by police (at a DUI checkpoint, after a pullover for a traffic offense, or a drunk driver sleeping inside a vehicle), if impairment by alcohol or drugs is suspected, that driver may be handcuffed, arrested, and taken to jail for driving under the influence of alcohol or drugs.

Almost no accused drunk driver is familiar with DUI laws and the 30-day time limit to protect against an implied consent violation. This article focuses on DUI Georgia cases and the very best criminal defense lawyers: DUI-trained and battle-tested DUI attorneys in Georgia.

Every DUI Georgia arrest sets into motion two separate legal actions. You (or a criminal defense attorney who is an expert on Georgia DUI law) must successfully handle both the criminal court proceeding AND the pending administrative license suspension (ALS) proceeding against you that is being pursued by Georgia DDS (the GA DMV) if you want to get your driver’s license back.

The 30-Day Limit is Strictly Enforced – DO NOT Delay Hiring a DUI Attorney

You must act quickly after your drunk driving arrest in Georgia. The first thing you must do is decide if you want to appeal the Georgia Department of Driver Services (DDS) automatic license suspension process. You only have 30 calendar days after your arrest date to file this appeal with the DDS in Georgia. This 30-day timeframe includes holidays and also weekends.

Don’t get caught trying to file it at the last minute, on a Sunday or holiday, and urgently needing a postmark from the United States Postal Service.

Additionally, if the IIDLP (ignition interlock device limited permit) is going to be the best option for you, MANY barriers and issues can arise that block this attempt to have the ignition interlock installed, pursuant to 40-5-64.1, the new GA implied consent law relating to this. You will need skilled DUI lawyers’ assistance, to know how to get your driver’s license back.

What Happens to My License If the 30-day Limit Is Missed?

If you do nothing your driver’s license will be suspended for one year starting on the 46th day after your arrest for DUI in Georgia. Depending on what is filed by your drunk driving lawyer, you may or may not have the right to a temporary driving permit during that year. Keeping any sort of privilege to drive can occur only for those who file a timely DDS GA appeal, or opt for and install an ignition interlock.

Hardship license 30-day deadline after DUI arrest

If you agreed to take the official State-administered breath test or blood test requested under Georgia implied consent law, you can apply for a temporary driver’s permit, so long as this is a first DUI offense within the last 5 years, as measured by dates of arrest.

What If I Refused to Take a Georgia DUI Breath Test or Blood Test?

If you refused to take the official State-administered GA DUI breath test or blood test, this is called a DUI refusal. Drivers who decline the official chemical tests (required by Georgia implied consent law) put their ability to drive in Georgia at risk. These drivers MUST get quick advice from a DUI attorney who is fully knowledgeable about the changes in Georgia DUI laws, effective July 1, 2017.

A Georgia DUI lawyer can review the administrative license suspension options that you have (some drivers with a DUI in Georgia have 2 options and others have 3 options). Under no circumstances should you WAIT to call the best DUI lawyer in Georgia, since this issue determines if you can continue to drive, prior to your DUI case coming to trial in the criminal court.

Select a DUI Law Firm That Protects Your Driver’s License and the DUI in Georgia

The best DUI lawyers in Atlanta know how to work with whatever case facts there are. If you took the chemical tests, and you took the field sobriety tests, don’t worry. The DUI law firm of William C. Head, PC. has multiple locations to serve you. Our Atlanta DUI office is our headquarters, but we are equipped with multiple other law office locations and affiliated DUI law firms across Georgia. Our law office has some of the best attorneys in Atlanta.

Call us NOW for a FREE lawyer consultation, and learn how to PROTECT the right to drive, in YOUR DUI Atlanta case (or any other corner of Georgia). 404-567-5515.

All three of our DUI specialists, William Head, Cory Yager, and Larry Kohn have saved our client’s driving privileges and either won (or obtained a DUI dismissal or an acquittal) or gotten a DUI reduced to reckless driving in Georgia, for hundreds of clients.

These many cases include difficult circumstances, such as these types of Georgia criminal cases:

Call 42-year veteran Atlanta DUI attorney Bubba Head today and get honest answers to all your questions. Tell us everything that happened and everything you remember about your DUI arrest. The sooner you call us, the better chance we have to win your DUI case and get your charges reduced or dismissed.

Remember, you only have 30 DAYS to file a license suspension appeal or apply for an ignition interlock device, or your driver’s license will be suspended for up to one year! Talk to Bubba Head, Larry Kohn, or Cory Yager now. We are available 24 hours a day, weekends, and all major holidays. (404) 567-5515


Other valuable insights on this website:

When Is a DUI a Felony in Georgia?

Georgia Hit and Run Laws

Dui License Suspension
How Much Jail Time for a Dui Warrant

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5600 Roswell Rd
Building H, #210
Sandy Springs, GA 30342
(404) 567-5515
235 Peachtree Street NE
Suite 400
Atlanta, GA 30303
(404) 567-5515
in Cobb County, GA:
109 Anderson Street
Suite 103
Marietta, GA 30060
(888) 274-6288
in North Fulton County, GA:
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Suite 302
Alpharetta, GA 30009
(844) 867-2889