DUI License Suspension

If you've been charged with a DUI in Georgia, it's important to understand the potential consequences that come along with it. One of the most common penalties for a DUI conviction is the suspension of your driver's license. But did you know that your license can also be suspended before a conviction is even made? These pre-conviction administrative license suspension (ALS) hearings can occur if you refuse a breathalyzer test or if your blood alcohol content (BAC) is over the legal limit. On the other hand, post-conviction DUI license suspensions are typically longer in duration and can vary depending on the severity of your offense and your prior driving history. But don't despair, there is a way to eventually reinstate your license. In this post, we'll explore the ins and outs of both pre-conviction ALS hearings and suspensions, as well as post-conviction DUI license suspensions. We'll also take a closer look at how to navigate the process of reinstating your license after either suspension.

Double-Exposure for DUI-Related License Suspension

Georgia drivers arrested for DUI face double-exposure to potential license suspensions, adding to the gravity of the situation. Firstly, there is the Administrative License Suspension (ALS) process, which occurs immediately following the arrest. This administrative action can result in a temporary suspension of driving privileges, even before a trial or conviction takes place. Secondly, if the accused is ultimately convicted of a DUI, they may face an additional DUI license suspension as part of their criminal penalties. Consequently, it is crucial for those facing DUI charges in Georgia to seek experienced legal representation to navigate these complex processes and mitigate the potential impact on their driving privileges.

Pre-DUI Conviction: ALS (Administrative License Suspension)

The Administrative License Suspension (ALS) process is initiated following a DUI arrest in Georgia. The consequences of an ALS depend on whether the individual took the state-administered chemical test or refused it. If they refused the test, they will face a hard, one-year license suspension with no option for a limited driving permit. The only way to try and get around this is to file for an administrative hearing (separate from your traffic court DUI case) to contest this suspension. This must be filed within 30 days of your arrest, by sending notice and a $150 fee to the DDS (Department of Driver Services) - or else you forfeit this ability to contest, and are stuck with a hard one-year suspension.

However, if the individual took the test and their Blood Alcohol Content (BAC) was below the legal limit, their license will not be subjected to an ALS. On the other hand, if they took the test and their BAC was above the legal limit, or they had drugs in their system, they would have the option to apply for a limited driving permit. This permit costs $25 and is valid for one year.

After serving 30 days on the ALS consent suspension, individuals have the option to reinstate their license. However, there may be situations where it is more advantageous to maintain the limited driving permit for a longer period, which we will discuss later. It is essential for those facing DUI charges in Georgia to seek experienced legal counsel to determine the best course of action in navigating the ALS process and potential consequences.

Option for Ignition Interlock Device (IID) Limited Permit

In Georgia, drivers who refused the state-administered chemical test after a DUI arrest have an alternative option to regain limited driving privileges through an Ignition Interlock Device (IID) limited driving permit. The IID is a breathalyzer installed in your vehicle, which must be used prior to starting your vehicle, and at various points while driving to continue to use the vehicle. To be eligible for this permit, the driver must meet specific requirements: they must be at least 21 years old, possess a valid Georgia license, have no other suspensions or issues on their driving record, and be willing to pay for and maintain the IID for a mandatory 12-month period.

It is important to note that unlike the ALS consent permit, if the DUI charges are ultimately dropped before the 12 months are up, the driver will not automatically regain their regular driving privileges. They are still required to serve out the entire 12-month period with the IID before their full license can be reinstated.

In certain cases, opting for the IID limited driving permit may be worth considering. However, it is crucial to consult with a local attorney who is well-versed in Georgia DUI laws to determine if this option is suitable for your individual case, since it is an expensive and cumbersome option. An experienced legal counsel can provide personalized advice and help you make an informed decision about the best course of action.

Post-DUI Conviction License Suspension

Individuals convicted of a DUI in Georgia face license suspension as part of their criminal penalties. The duration of the suspension depends on the number of DUI convictions the individual has had within the past five years. It is important to note that any time served during the Administrative License Suspension (ALS) period, regardless of whether the individual consented to the test or refused the test, or whether they had a limited driving permit or not, will count towards their post-conviction suspension time.

For those with no prior DUI convictions in the past five years, the license suspension typically lasts for 4 to 6 months (depending on what substance the DUI was for). First-time offenders may be eligible for a limited driving permit during this period, allowing them to drive for specific purposes such as work, school, or medical appointments. This permit costs $25 and is valid for one year, but is also renewable.

If an individual has one prior DUI conviction within the past five years (making this one their second in five), the license suspension period extends to between 12 and 18 months, depending on the substance leading to the DUI. In this case, the offender may be eligible for a limited driving permit after serving 120 days of the suspension and completing certain requirements, including DUI Risk Reduction classes and clinical evaluations. In some cases, the individual must have an IID installed to get this limited driving permit.

For those with two or more prior DUI convictions within the past five years (making this one their third in five), the license suspension period converts to Habitual Violator (HV) status. HV is a five year long suspension, with the opportunity to apply for a probationary license after two years served on the suspension, and completing a laundry list of requirements, including an IID, completion of the Risk Reduction Program, and many other items.

Given the complexities of Georgia's DUI laws and the varying consequences of license suspension, it is crucial for those facing DUI charges to seek experienced legal representation to navigate these processes and minimize the potential impact on their driving privileges.

How to Reinstate Your License

Reinstating your driver's license in Georgia after a DUI-related suspension, whether due to an Administrative License Suspension (ALS) or a DUI conviction, can be a complex and daunting process. With the right guidance and understanding of the necessary steps, you can successfully navigate the road to reinstatement. This section will look at some of the essential information and resources needed to regain your driving privileges in Georgia, ensuring that you're back on the road as smoothly and quickly as possible.

ALS Reinstatement

Reinstating your driver's license in Georgia after serving your Administrative License Suspension (ALS) time due to a DUI arrest requires several steps, regardless of whether your DUI case is still pending or if the charges were dropped or reduced. All cases may vary some, but here are some general guidelines on how to have your license reinstated after an ALS period has run:

Wait for the suspension period to end: For a first-time offense, the ALS suspension period is typically 30 days. However, the duration may vary depending on your specific situation and prior offenses.
Obtain proof of enrollment in an approved DUI Alcohol or Drug Use Risk Reduction Program (RRP): If your DUI case is still pending or your charges were ultimately dropped or reduced, you will need to enroll in and complete a state-approved RRP. Upon completion, you will receive a certificate as proof of enrollment.
Apply for a limited driving permit (optional): While your DUI case is pending, you may be eligible for a limited driving permit, which allows you to drive for specific purposes, such as work, school, or medical appointments. To apply, visit your local Department of Driver Services (DDS) office with your RRP certificate and other required documentation.
Pay the reinstatement fee: To reinstate your license after serving your ALS time, you will need to pay a reinstatement fee. The fee varies based on the nature of your suspension and your driving history. You can pay this fee online through the Georgia DDS website or in-person at your local DDS office.
Submit your application and documentation: Visit your local DDS office and submit your application for reinstatement, along with your RRP certificate, proof of payment for the reinstatement fee, and any other required documents. If your DUI charges were dropped or reduced, provide official court documentation as evidence.
Pass any required exams: Depending on your circumstances and the length of your suspension, you may be required to retake your written and/or road test. Check with your local DDS office for specific requirements.

Once you have completed these steps, the DDS will review your application and, if approved, issue your reinstated driver's license. Remember that it is crucial to comply with all court orders and DDS requirements throughout this process to avoid further complications or delays in regaining your driving privileges.

When You Would Want to Serve the Entire ALS Time

Serving out your entire suspension time on an Administrative License Suspension (ALS) can be beneficial in certain situations, particularly when it comes to maximizing your driving privileges.

For drivers under 21, this approach allows you to continue driving as long as possible with a limited permit, as you do not have the option to convert your ALS limited permit to a DUI limited permit due to age restrictions. So if you are ultimately convicted of a DUI under 21, you will be facing a hard suspension of at least 6 months, post-conviction.

For those aged 21 and up, if you believe you will ultimately be convicted of the DUI charge, accumulating at least 4 to 6 months of suspension time can be advantageous. This is because any suspension time served on an ALS consent limited permit will be credited towards the mandatory 4 or 6-month license suspension following a first DUI conviction within five years (actual time depends on whether it is a DUI drugs or non-drugs).

Furthermore, if your DUI case is resolved before completing 6 months of suspension on an ALS consent limited permit (and this is your first DUI in five years), individuals aged 21 and up have the opportunity to convert their ALS limited permit to a DUI limited permit, thus maintaining their driving privileges throughout the process.

Post Conviction License Reinstatement

Reinstating your driver's license in Georgia after serving the mandatory suspension time following a DUI conviction requires completing several steps. The process and requirements may vary depending on the number of DUI convictions you have on your record within 5 years.

First DUI Conviction within 5 years:

Serve the mandatory suspension period: For a first-time DUI conviction, the suspension period is typically 4 to 6 months.
Complete a DUI Alcohol or Drug Use Risk Reduction Program (RRP): Enroll in and complete a state-approved RRP and obtain a certificate as proof of enrollment.
Pay the reinstatement fee: Pay the required fee to reinstate your license, which may vary based on your driving history. You can pay this fee online through the Georgia DDS website or in-person at your local DDS office.
Apply for reinstatement: Visit your local Department of Driver Services (DDS) office and submit your application for reinstatement, along with your RRP certificate, proof of payment for the reinstatement fee, and any other required documents.

Second DUI Conviction within 5 years:

Serve the mandatory suspension period: The suspension period for a second DUI conviction within 5 years is typically 12 to 18 months.
Complete a DUI Alcohol or Drug Use Risk Reduction Program (RRP) if not completed within the past 5 years.
Obtain proof of financial responsibility: Provide proof of financial responsibility, such as an SR-22 insurance form.
Install an Ignition Interlock Device (IID): Have an IID installed on your vehicle for a minimum of 6 months, at your expense, in some cases.
Pay the reinstatement fee.
Apply for reinstatement with all required documents.

Third DUI Conviction within 5 years:

Serve the mandatory suspension period: The suspension period for a third DUI conviction within 5 years is typically 5 years.
Complete a DUI Alcohol or Drug Use Risk Reduction Program (RRP) if not completed within the past 5 years.
Obtain proof of financial responsibility.
Install an Ignition Interlock Device (IID) for a minimum of 6 months, at your expense.
Habitual Violator Reinstatement Requirements: Complete and provide proof of all requirements needed to reinstated under the Habitual Violator status.
Pay the reinstatement fee.
Apply for reinstatement with all required documents.

Keep in mind that it is crucial to comply with all court orders and DDS requirements throughout this process to avoid further complications or delays in regaining your driving privileges. Additionally, requirements may vary based on your specific circumstances, so always consult with an attorney or the Georgia DDS for guidance tailored to your situation.

How We Can Help

At Your Law Firm, we understand that having your license suspended due to DUI can be a daunting and stressful experience. We are here to help guide you through the process and ensure that you do not miss any crucial deadlines for ALS hearings. Our team of experienced lawyers will represent you throughout the entire DUI case and strive to mitigate the consequences, including suspension time if possible. It's important to contact us as soon as possible, ideally right after bonding out from your DUI arrest, so that we can begin working on your case immediately. You can rest assured that with our help, your legal rights will be protected and we will work tirelessly to achieve the best possible outcome for you.