Do You Get Your License Taken Away if You Get a DUI in GA?

Even if you are not convicted of DUI, you could lose your license in Georgia. In fact, you probably will lose your license, at least for a while.

Like most other jurisdictions, Georgia is an implied consent state. Drivers agree to provide chemical samples upon demand when they sign their licenses. If they refuse, or if the test shows a level above the legal limit, the state will suspend their license. Also, like most other jurisdictions, Georgia’s DUI convictions include possible driver’s license suspension.

Before we go further, we should mention an important point. The suspension period is basically the minimum period. Your driver’s license remains suspended until you provide proof of insurance, pay a reinstatement fee, and complete a few other requirements.

Frequently, the best defense is a good offense. An aggressive Norcross DUI lawyer prioritizes driver’s license protection. This suspension is arguably the worst DUI punishment. An assertive defense reduces or eliminates driver’s license suspension. As a result, defendants do not have to rely exclusively on limited licenses or, worse yet, drive without valid licenses and hope they do not get caught.

Pre-Conviction Suspension

A refusal or failure-based pre-conviction driver’s license suspension is difficult to fight. The burden of proof is only [1] whether the officer had reasonable grounds to believe the person was DUI and lawfully placed under arrest OR involved in an accident resulting in serious injury or fatality, [2] whether the person was informed of his implied consent rights and the consequences, and [3] whether the person refused or submitted to a properly administered test. This is a much lower standard than the burden of proof at trial, which is beyond a reasonable doubt.

Additionally, Administrative License Suspension (ALS) matters are not criminal proceedings. Therefore, many Constitutional rights, such as the Sixth Amendment right to counsel and the Fifth Amendment right against self-incrimination, do not apply. Moreover, the terminology is different.

Nevertheless, in most cases, a skilled Norcross DUI lawyer can get the suspension withdrawn.

Post-Conviction Suspension

Following a DUI conviction, your driver’s license will be suspended. However, the length of the suspension depends on your past criminal history. In Georgia, the Department of Driver’s Services determines the duration of a license suspension by looking at the past 5 years of criminal history.

For a first DUI conviction in the last 5 years, the maximum license suspension is 12 months. However, if a Risk Reduction course, or otherwise known as DUI School, is completed and a reinstatement fee is paid, the license of the accused may be reinstated after 120 days. During this period, the accused may be eligible to apply for a limited driving permit for the duration of the suspension if he/she is 21 years or older and prior to the suspension he/she validly held a Georgia driver’s license.

For a second DUI conviction in the last 5 years, the consequences will include at least an 18-month license suspension. However, the license suspension can be prolonged for 3 years if certain conditions are not met. During this period, there is a hard suspension of 120 days where no limited permit is available. However, after this term has been completed, the accused may be granted a limited permit if he/she installs an interlock device in their vehicle for a minimum period of 12 months. If the interlock device was maintained properly for the full 12 months and a reinstatement fee is paid, he/she may be eligible for early reinstatement after 18 months, contingent on whether any other conditions, which may be required, are completed.

For a third DUI conviction in the last 5 years, the consequences include a 5-year license suspension. In these cases, there is a 2-year hard suspension period, which otherwise means that there is no availability for a limited permit during that period. However, after two years, the accused may be granted a limited permit if he/she enrolls in a treatment program and installs an interlock device in their vehicle for a minimum period of 12 months. If the interlock device was maintained properly for the full 12 months and a reinstatement fee is paid, the accused may apply for a probationary license for the remainder of the suspension period.

Connect With a Gwinnett County Criminal Defense Attorney

License suspension is not an inevitable consequence of a DUI arrest. For a confidential consultation with an experienced criminal defense lawyer in Norcross, contact Zimmerman & Associates, Attorneys at Law. We routinely handle matters throughout the Greater Atlanta area.