How Many DUIs Before Your License is Suspended in Georgia?
Surprisingly, the answer to this question is zero. The state can suspend a defendant’s driver’s license even if they have not been convicted of DUI. Georgia is an implied consent state. Drivers agree to provide chemical samples when they sign their licenses. If they go back on that promise, they face license suspension. Additionally, under state law, drivers could temporarily lose their licenses if they submit to the chemical test and the results are over the legal limit. The criminal suspension period, which is tied to a DUI conviction, varies in different cases.
Because of Georgia’s implied consent law, early and aggressive representation from an Atlanta criminal defense lawyer is essential. While it’s possible to recover from setbacks, the strongest outcomes usually come from building a defense strategy as early as possible.
Administrative License Suspension (ALS)
A failed or refused chemical test could prompt a twelve-month administrative license suspension in Georgia. Strict time deadlines apply. An Atlanta criminal defense lawyer must request a hearing within 30 days of arrest. Late applications are not allowed.
An ALS hearing is something of a stacked deck. The standard constitutional protections do not apply. So, drivers could be compelled to be witnesses against themselves. Furthermore, the Officer must only prove that:
- Officer had reasonable grounds for DUI arrest or accident with serious injury or death
- The person was informed of his/her implied consent rights and the consequences
- If the person refused or submitted to a properly administered test
This is an incredibly low bar for the Officer, and these hearings are tough to win.
Criminal Suspension
For license suspension purposes, the look-back period to determine the number of prior convictions is only 5 years. If this is your first DUI conviction in Georgia, the maximum license suspension period is 12 months. If you complete a DUI school and pay a reinstatement fee, you will be eligible for early reinstatement after only 120 days.
If you are 21 or older, you can apply for a limited-use driving permit for the first 120 days of the suspension. This will enable you to drive to various destinations, including work, school, substance abuse counseling, DUI school, medical care and treatment facilities, pharmacies for prescription pickups or drop-offs, court appearances, probation appointments, and community service. Significantly, if your license has been suspended previously due to an implied consent refusal, you will not be eligible for a limited-use driving permit.
Turn to Our Experienced Defense Lawyers Today
DUIs have significant consequences. For a confidential consultation with a DUI attorney in Atlanta, contact Zimmerman & Associates, Attorneys at Law. We routinely handle matters in Atlanta, Fulton County, and nearby jurisdictions.