Atlanta DUI Attorney Bubba Head Explains the 30-Day Right to Appeal a Pending License Suspension
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.
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 days includes holidays and it includes weekends. Don’t get caught trying to file it at the last minute, on a Sunday or holiday, and 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 drivers license back.
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 ignition interlock.
If you submitted to the breathalyzer or blood test, with the necessity of the officer having to apply for and get a search warrant for your blood. So, 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.
Selecting a DUI Law Firm to Protect 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 Atlanta lawyer William C. Head, PC. The Atlanta DUI office is 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 clients’ 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: