Impact of a DUI on Your Driver’s License in Georgia

A DUI conviction in Georgia can profoundly impact your driver’s license.

The best way to prevent this—and other harsh consequences that impact your life—is for an experienced DUI lawyer to fight the drunk-driving charge successfully.

However, it is not always possible to get a case dismissed or acquittal at trial. So, if you are convicted, how could it impact your Georgia driver’s license?

Let us find out what to expect…

A DUI arrest in Georgia comes with many potential consequences. In addition to facing criminal charges, jail time, and fines, a license suspension can be a great inconvenience.

The arresting officer may confiscate your driver’s license and issue a temporary, 30-day driving permit. This allows you to drive temporarily while the Georgia Department of Driver Services processes the request from law enforcement to suspend your driver’s license.

The administrative license suspension will proceed unless challenged and can last for up to one year. The suspension is not, however, automatic (more about this below).

Most drivers aged 21 and over convicted of a first-offense DUI in five years will receive a 12-month license suspension. After 120 days of the suspension has been completed, the driver may apply for reinstatement of the license if all conditions are met (see below).

The suspension could be even longer for those who refuse to submit to a chemical test if requested to do so by a law enforcement officer. Georgia’s “implied consent” laws make refusal a serious criminal offense.

Those who have prior offenses within a five-year look back period will also face longer license suspensions of three to five years or more. Repeat offenders must often also install an ignition interlock device (in-vehicle breathalyzer) in their vehicles before they can drive legally again. This prevents the car from starting if any alcohol is detected on the driver’s breath.

A limited driving permit (sometimes called a “hardship license”) allows the driver to operate a vehicle only under specific stated circumstances, such as to and from work, school, or medical appointments. This is not standardly available to those suspended from driving but may be possible in some circumstances—and with the right legal representation.

While the criteria are strict for obtaining a limited permit, you are likelier to be successful if it is your first offense. Even then, you must typically wait until 30 days after your suspension starts before applying for a limited permit.

Whether your application is successful will depend on three main factors:

1. Your driving history
2. The circumstances of your DUI arrest
3. The need to drive

Drivers with multiple convictions or who refused a breathalyzer test may be ineligible for a limited driving permit.

Violating the terms of a limited permit can result in its cancellation, meaning that you will need to serve the remainder of your suspension period without driving.

After your suspension period ends, your license is NOT automatically reinstated. This catches some people out in Georgia.

Before you can legally drive again, you will need to:

1. Serve the full suspension period.
2. Pay the appropriate reinstatement fee to the Georgia Department of Driver Services. (the fee amount depends on the number of prior DUI convictions).
3. If necessary, show proof of completion of a state-approved DUI Alcohol or Drug Risk Reduction Program (to educate drivers about the dangers of driving under the influence of alcohol).
4. Fulfill any additional requirements, such as proof of the installation of an ignition interlock device on your vehicle (possible for repeat offenders).

License reinstatement is not guaranteed. If the Department of Driver Services believes you pose a risk to public safety, your application can be denied.

In Georgia, a DUI conviction remains on your criminal record and driving record for life. It cannot be expunged or removed.

Interested parties, such as insurance companies, will check your background when making decisions about policies. Often, those convicted of a DUI are charged much higher rates than drivers with clean records. Some drivers may even have their policies canceled and have trouble finding another auto insurance provider to accept them.

The financial consequences extend beyond fines and higher insurance rates. If you are involved in an accident while under the influence, the insurance company may not accept liability and you may have to meet these costs too.

A permanent criminal record often also affects much more than insurance. It can impact employment and education choices, travel, and immigration status—making it even more important to fight the DUI charges and prevent a conviction.

Often, the first step in fighting a DUI charge in Georgia is to challenge the administrative license suspension.

Many drivers seek the assistance of an experienced DUI lawyer for the appeals process. You must request an administrative hearing within 30 days of your arrest and your lawyer can represent you.

If your license has been suspended, you should not drive again until the appeal is resolved—and only then if the decision is in your favor and your driving privileges are restored.

If the appeal is unsuccessful, the suspension will remain in place for the full duration. However, during the appeals process, your DUI lawyer may uncover vital details about your arrest that can be used to prepare a stronger defense in the criminal case against you.

In summary, if your license is suspended for any reason, a qualified DUI lawyer can assist in the following ways:

• Representation at the administrative hearing
• Protecting your legal rights
• Conducting a thorough investigation of the DUI incident
• Preparation of supporting evidence for your defense
• Negotiation with prosecutors
• Representation at a trial
• Guidance through the Georgia criminal justice system
• Application for a limited driving permit
• Reinstatement of full driving privileges after serving a suspension

If you are facing DUI charges in Morgan County, Georgia, speak to defense lawyer, Michael Fulcher. We will outline your legal options and help reduce the impact on your future. Contact us for a free consultation.