Can You Drive After a DUI in Georgia?
If you were arrested recently for DUI in Georgia, the arresting officer probably confiscated your license and gave you a 1205 form notifying you of their intent to have your license suspended due to the charge against you. Following a DUI arrest, you may have several opportunities to make sure that you can secure your privilege to continue driving. It is important to note, however, that your options would generally depend on what the officer did.
If the officer has filed a DDS (Department of Driver Services) 1205 form (license suspension form) and taken your driver’s license, you will need to ensure that you file an appeal within a 30-day time frame. You also have the option of having an interlock device (IID) installed on your vehicle as an alternative to filing the appeal which will allow you to operate a motor vehicle while your case is pending. Which option you choose is a personal choice as there are benefits and repercussions to both options which can be discussed with your attorney.
If you don't file an appeal or do not install an IID on your vehicle, your driver’s license will be suspended 45 days after your arrest. However, if the officer did not file a 1205, you may not have to worry about any license implications pending your case. But to make sure that that's not something you have to deal with, it is best to speak with our Georgia DUI defense lawyer prior to doing anything or doing nothing at all.
What Happens During The Administrative License Suspension Hearing?
Once the Office of State Administrative Hearings (OSAH) receives your appeal notice, it will schedule an administrative license suspension hearing to determine if it should suspend your driver’s license. This hearing usually occurs after 45 days or 95 days following your DUI arrest. The hearing typically addresses the following matters:
- Whether the police had reasonable suspicion to stop the vehicle
- Whether the police had probable cause to arresting the driver
- Whether the defendant actually refused to submit to a breath or blood test
- Whether law enforcement followed all rules when informing the defendant about the implied consent warning
- Whether the defendant asked for an independent blood test and how the police responded to this request
If the judge determines that the police failed to follow the proper protocols or meet the requirements for arresting you, they may rule to withdraw the suspension of your driver’s license.
What Happens If You Don’t File an Appeal?
You face license suspension if you fail to request an administrative hearing within 30 days of getting arrested and no application for an ignition interlock device permit was obtained. You will also lose your license if you lose the administrative hearing. Additionally, you will face a 12-month suspension if you did not submit to testing upon your DUI arrest and did not appeal the suspension.
Get Legal Assistance From an Experienced Georgia DUI Defense Lawyer Today
You may be able to drive after a DUI and avoid having your license suspended, but the specific options available to you will depend on the facts of your case. If you’ve been arrested for DUI, reach out to the Georgia DUI defense lawyer at Banks, Stubbs & McFarland right away. Dial 770-887-1209 or contact us online to arrange your case review with our Georgia DUI defense lawyer.