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After a DUI arrest in Atlanta, you have 30 days to save your license.
Being arrested for DUI in the Atlanta area is a very confusing, quick and stressful process. Most people only worry about the date of their criminal trial, thinking that’s when their case really starts. But many drivers do not realize that an independent and expedient administrative procedure starts as soon as they are booked and let out on bail. In Georgia, your driving privileges are on the line before entering a criminal courtroom. A tough, hard deadline of 30 days to regain your driver’s license from an automatic suspension.
Once you are arrested for a DUI, the officer will then take your physical driver’s license and issue you a temporary paper driving permit (a DDS Form 1205). The application form also doubles as a temporary driving license which is valid for 45 days and as notice to the state that it wants to administratively suspend your driving privileges. This is not to be confused with any criminal charges, fines, or jail sentences that may be faced in court in the future. This is done automatically by the Georgia Department of Driver Services if you refused chemical testing or your chemical test revealed a blood alcohol concentration level higher than the legal limit.
You only have 30 calendar days, starting from the date the arrest paperwork was signed, in which to try to protect your driving privileges. Those 30 days fly by pretty quickly when counting weekends and holidays. Failure to take action in this limited timeframe will result in your temporary permit being revoked and your driver’s license will be automatically suspended. The administrative license suspension is 12 months to several years in length and may or may not include a limited driving license for work and school.
Georgia has two major legal means to prevent this automatic suspension. The first step is to file a formal appeal to get an Administrative License Suspension hearing. The written appeal needs to be sent to the Georgia Department of Driver Services within 30 days and includes a required filing fee. If filed properly, the state will set a hearing with an Administrative Law Judge. During this hearing, your attorney can attack the validity of the officer’s initial traffic stop, whether any implied consent warnings were read properly, and whether the officer had valid probable cause for your arrest. An administrative hearing in many cases is the last chance to discuss with the arresting officer or to discover any evidence that is lacking in the case which can be used to strengthen your criminal case.
The second choice provided by the Georgia law is to request an Ignition Interlock Device Limited Driving Permit. If a first time DUI driver chooses to take a chemical test, he or she may elect to skip the administrative hearing and instead install an ignition interlock device on his or her vehicle for 12 months. The steps taken here must be taken immediately, with a vehicle inspection, the delivery of certain insurance documents and payment of administrative fees all due within the same short time period of 30 days. Deciding whether or not to appeal the conviction versus pursue an ignition interlock permit is a careful decision that must be made based on the facts of your arrest, and your driving history.
Given the complexity of these rules and the strictness of deadlines, it’s best to have expert guidance to avoid expensive errors and a lost license. If you miss the deadline of 30 days by even one day, you typically lose your right to appeal and will not be able to drive to work, care for your family or maintain your daily routine.
Protect your future, by acting now after arrest. It is extremely important to have a good DUI Attorney in Atlanta, Georgia who is familiar with the administrative license suspension process. If you have an aggressive defense team they will send in all documentation, stop the clock and develop a strategy specific to your case. A DUI Attorney Atlanta like James Yeargan will give you an ally to battle the state’s effort to have your driver’s license revoked. Don’t allow the 30-day limitation to expire on your driving privileges.
