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Will Police Take My License After a GA DUI Arrest?

What Is My GA License Status After a DUI Arrest?

By: DUI Attorney William C. Head

In Georgia, once a drunk driving arrest is made, the Georgia driver’s license for almost every driver is confiscated by the arresting officer. So the answer to, “Will police take my license after a DUI arrest?” is yes, they will. Some officers will verbally explain that your GA driver’s license status is suspended, subject to the limited permit issued on the DDS 1205 form, but this is not required to be done.

Police Took My License DUI

This temporary license states that it is good for 30 days after the person is arrested, but DUI cases require an appeal of the pending administrative suspension within 30 days after the drunk driving arrest. Missing this deadline triggers this “hard suspension” under the GA implied consent law, meaning that no work permit is possible, in DUI refusal cases.

Effective July 1, 2017, you have the option of installing an ignition interlock device (IID) on your vehicle instead of filing a license suspension appeal. Here are the new rules:

Within 30 calendar days of your arrest, you must go to the Georgia DDS to apply for an ignition interlock permit. Then, within 10 days of getting the permit, you must have it installed by a state-certified installation facility.

The interlock must be on your car for at least 120 days IF you took a breath, blood, or urine test.  If you REFUSED to take one of these tests, the interlock must be on your vehicle for one year and cannot be removed, even if you win your case or it is reduced to another charge such as reckless driving.

The IID option is NOT available to drivers under 21 years of age, CDL license holders, anyone with at least one DUI conviction in the past 5 years from ANY state, and any out-of-state license holders.

If you do nothing (don’t file an appeal or request an IID) within 30 calendar days, your Georgia license will be suspended for 120 days if you agreed to take a chemical test. You will also be eligible for a temporary restricted permit. If you REFUSED the chemical test, your driving privileges will be suspended for 12 months, and you won’t be eligible for a temporary restricted permit.

Arrested for a DUI – What’s DUI?

DUI is the most common acronym for driving under the influence. “Under the influence” has been defined by Georgia DUI laws to be “less safe to drive” by virtue of ingesting an impairing substance of any type. In terms of impact on employment and opportunities in the future, a DUI is perhaps the traffic ticket most likely to derail a career.

Alcohol is the most common impairing substance, but GA DUI laws cover EVERY type of possible impairment, even if impaired by over-the-counter medications, prescribed medications, synthetic drugs or inhaling paint fumes or glue.

Because the Georgia Legislature decides what conduct will be criminalized and how this impacts your Georgia driver’s license, many of the more punitive provisions for DUI laws in GA have targeted DUI drugs, DUI child endangerment, repeat DUI offenses (like 2nd DUI in GA, 3rd DUI in GA, etc.)

Is a DUI a Felony?

An arrested DUI driver is taken to jail, to be booked for driving while intoxicated, and must post bond in most cases. While DUI can be a felony or misdemeanor, only a small percentage of cases will be accused as felony DUI cases, and these DUI felonies are almost always because of one of these 3 situations:

  1. Repeat offender, such that this DUI in Georgia is a 4th DUI offense within 10 years. Convictions in other states count, if DUI arrest records support this.
  2. DUI accident cases where the drunk driving arrest is blamed (all or in part) for causing serious injury or death to another.
  3. DUI and child endangerment charges can mean that the arrested DUI motorist can have ADDED DUI charges for each child in the vehicle under age 14. So, 3 such underage children create an additional three DUI charges. In this scenario, a single DUI arrest can lead to conviction of a 1st DUI, 2nd DUI, 3rd DUI and 4th DUI, in one case. The fourth DUI is a felony, and all penalties, community service hours, probation, fines and Georgia driver’s license suspensions or revocations will be stacked end-to-end.

GA License Issues – Administrative and Criminal

Most of our DUI law firm’s clients are as worried about keeping their Georgia drivers license as any other aspect, after being arrested for DUI. The Georgia implied consent law authorizes the officer who makes the drunk driving arrest to take the driver license GA and replace it with a paper called a “1205 form,” which is the number given to it by DDS Georgia.

This administrative action, for a “DUI refusal” of an implied consent breath alcohol test or other type of GA implied consent test (following your arrest for DUI), could take away your Georgia driver’s license.

The new ignition interlock option went into effect on July 1, 2017. Call us today for details on what this new DUI law amendment means to you.

Call 41-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

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