NOTE: Calling a DUI defense lawyer immediately after arrest in a Georgia DUI is smart to do. Since July 2017, new options for restricted driving privileges after an implied consent law suspension exist. Our lawyers in Georgia can prevent total suspension of our clients GA driving privileges in most cases, even after a refusal to submit to breathalyzer testing.
Implied consent means (in drunk driving cases) that a driver is being legally compelled to either acquiesce to being tested for BAC levels after arrest or the person could lose all driving privileges. The GA DDS controls the issuance and retention of driver’s licenses and will be the state agency that sends suspension notices to out-of-state DPS, DMV, BMV, and SOS offices for drivers licensed outside the state of Georgia. The first sentence of the implied consent law in Georgia is “Georgia law requires you to SUBMIT.”
Implied consent is the special statute that seeks to legally compel an arrested drunk driver to submit to a breath test, a blood test, or a urine test after the arrest, OR lose the right to drive in Georgia for a FULL year. All 50 states have implied consent laws. In general, since this is a post-arrest test that gives evidence, Miranda rights logically should be required. However, most court opinions around the United States have made a “DUI Exception” to the Constitution for DUI arrests, and incriminatory evidence is legally authorized to be requested from drivers suspended of impaired driving.
A primary purpose for enactment of the new Georgia implied consent law pertaining to driver’s license administrative license suspension options, O.C.G.A. §40-5-64.1, effective July 1, 2017, is to avoid risking a hard suspension after an appeal. The workers at Georgia DDS have little to no DISCRETION about returning or issuing a Georgia driver’s license. The rules the DDS GA employees must follow are statutory mandates and leave little room for “interpretation.” Challenges exist for some DUI cases, based on video evidence, once the appropriate implied consent warning is read. There are three implied consent notices: for underage drivers, commercial vehicle operators, and drivers age 21 and over.
This is possible by signing a waiver of the right to a DUI refusal hearing for ALS suspension, paying for an interlock permit, and installing the IID for a full year. CAUTION: Do not submit to the state until you receive legal advice on ALL options from an experienced DUI attorney. Certain eligibility rules apply, so CALL a 24-hour DUI lawyer EARLY for direction on how to proceed. Agreeing to install an ignition interlock device in your vehicle for 12 months (restrictions and rules apply) will permit interlock-limited driving.
Traditionally, Georgia totally suspended any driver who did not submit to testing. The Georgia Legislature amended Georgia DUI law on July 1, 2017, to permit a driver who refuses an implied consent test to possibly obtain a 12-month interlock device. Eligibility is LIMITED to Georgia licensees, and NOT ALL Georgia license holders can get the interlock permit.
No one under age 21, for example, can apply for the limited permit. Ask our DUI attorneys for full information when you call for your FREE lawyer consultation.
Neither a judge in Georgia nor even the governor, can order the GA DMV to return a GA drivers license once suspended for a DUI refusal (of the police-requested test of your breath, blood or urine.) Be polite to your arresting officer, since this may later help us at the DMV in Georgia. Losing your temper will not improve your situation.
The official name of Georgia’s bureau for issuing and suspending a driver’s license is the Georgia Department of Driver Safety or Georgia DDS, for brevity purposes. Because DMV is the most common acronym around the USA for this license bureau, more people search the internet using the abbreviation DMV than DDS. Georgia is the only state to use DDS as its license departments’ acronym. The acronyms DMV GA and DDS GA will be used interchangeably in these articles.
Being arrested for DUI in GA, and having your license taken and replaced by a temporary paper permit, means that you have a suspended license. Prior to July 1, 2017, drivers had only ten business days to file their appeal of the pending suspension or lose or be suspended.
Those with a first DUI offense in 5 years, and arrested July 1, 2017, and after, have 30 calendar days to file the appeal. For July 1, 2017, arrests (and after) for DUI in GA, if you DO NOT file an appeal — this filing of an appeal delays your total license suspension until the 46th day following your DUI arrest.
The filing deadline is no longer counted as “business days.” The new rule (for arrests July 1, 2017, and after) is “calendar” days. If you miss filing an appeal of your suspension within 30 DAYS after the GA DUI arrest date, your driver’s license will show up as a “suspended license” on the computer.
Driving on suspended license GA DUI penalties are harsh, including mandatory jail time. Don’t do it!
By filing the DUI administrative license appeal with DDS in Georgia within the THIRTY calendar day deadline, you EXTEND your ability to drive in Georgia. This 30-day filing deadline applies to both Georgia licensees and out-of-state drivers who are licensed in other states.
Because the process to appeal the ALS suspension is very simple, NO ONE should allow this deadline to pass, unless it is done under the advice and counsel of a top-rated Georgia DUI attorney.
For example, if your 30-day letter to DDS of Georgia seeking to appeal your pending suspension is postmarked (or delivered) a DAY LATE, and you were written up by a police officer for DUI refusal (i.e., having refused the officer’s requested breath alcohol test), your Georgia driver’s license (or your driving privilege in GA, if licensed in another state) will be suspended from the 46th day after your DUI arrest, until 365 days have passed.
Plus, if your license is administratively suspended for an implied consent violation, you cannot get a work permit for a DUI refusal, but may decide (if done within the 30 “calendar days” deadline) to opt for the ignition interlock device (IID) restricted driving permit and not risk the administrative license suspension appeal being filed at Georgia DDS.
Not filing an appeal is a senseless and inexcusable thing to do, so don’t put yourself through this, unless your DUI attorney uses it as a strategy for negotiating less jail time for a multiple DUI offender.
DOING NOTHING within 30 calendar days and getting your license administratively suspended, creates what DDS GA workers call a “hard” suspension, meaning that you are not eligible for a limited driver’s permit (work permit), not eligible for early reinstatement, cannot opt for an ignition interlock permit for the 12 months, and are totally stranded from being able to drive.
If you have a Georgia license, the suspended license status will be shown on National Driver’s Registry computers, and you would face the serious offense of driving with license suspended GA if caught driving with a suspended license.
The same lack of eligibility applies if this specific ALS suspension is for a 2nd DUI in GA within five years, even if you took the state implied consent test. The new ignition interlock law, effective July 1, 2017, and after, only applies to people licensed to drive in Georgia, who are age 21 and over, with a first offense DUI Georgia case only. (this means within five years, measured by dates of arrest)
A Georgia licensee can also qualify for issuance of the IID limited permit, and the IID must be installed within ten days. This assumes that your GA driver license is not suspended for any other reason, like FTA, super speeder GA, or missing child support payments.
Do not opt for this ignition interlock driver’s license permit option until you have consulted with a top DUI lawyer on the pluses and minuses of this alternative. Many pitfalls and “gotchas” exist under the rules governing the IIDLP (Ignition Interlock Limited Permit.)
Some people foolishly try to self-assess their chances of winning the DUI in GA. The operable word here is “FOOLISHLY.” Just reading TRUE DUI case histories with: (1). BAC levels triple the alcohol legal limit, or (2). with a DUI refusal and failing all three NHTSA field sobriety tests, or (3). another drunk driving case report of a DUI checkpoint with an Intoxilyzer breath test double the legal alcohol limit, from two of our previous criminal trials will dissuade you from thinking that you have no chance to beat a DUI in court.
After being arrested for DUI in GA, some people are so depressed that they dwell on their mistake the night before, and not on beating the criminal charges. Fear of the unknown can be a powerful enemy. Our DUI law partners WELCOME comparing criminal attorney comparisons. For example, our law firm has three different law book authors, which is unique in Georgia and possibly in all of America.
A successful defense record for all Atlanta DUI attorneys in the law firm must include possessing the ability to neutralize field sobriety test evidence and finding ways to eliminate breath alcohol test results, especially where the “number” is in excess of the legal alcohol limit. Plus, knowing the LAW is critical and entails our DUI attorneys being familiar with every prior appellate decision on Georgia DUI laws and especially Georgia implied consent law.
Drugged driving cases have grown by 100 percent in the last 15 years. Sleep driving DUI cases, after taking prescribed medications for insomnia or pain management are up by 400 percent. Plus, a conviction for DUI-Drugs has more devastating DUI penalties in Georgia than a DUI-Alcohol case, due to more severe loss of driving privileges and other loss of entitlements (e.g., loss of the GA Hope Scholarship due to a “drugs” conviction). Each DUI attorney in our law office possesses special training on debunking “drug recognition” officers , roadside tests like the “modified Romberg test” and the less-extensive ARIDE protocols that require a criminal defense lawyer from our law office to know how to challenge a GBI blood alcohol or drugs test. Each of our Atlanta lawyers are INSTRUCTORS in the three NHTSA Standardized Field Sobriety Tests (SFSTs), which exceeds the training of most police officers making arrests for DUI in Georgia.
The best DUI lawyers in Atlanta, Georgia will offer you a FREE attorney consultation, explain how their criminal defense attorneys review your DUI case facts and implement a game plan for winning. Our three Georgia Super Lawyers aggressively represent clients accused of committing crimes through filing and arguing suppression motions.
Limit your lawyer search to an attorney for DUI who has achieved legitimate legal industry excellence attorney ratings, and who possesses a track record of proven drunk driving defense results on knowing how to beat a DUI and avoid a driver’s license suspension. If our Atlanta DUI law firm has the RIGHT criminal defense attorney for you, ask our law office about our DUI attorney payment plans. Remember, our attorneys in Atlanta cover the WHOLE state of Georgia when hired to fight for our clients.
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