If arrested for DUI in Georgia, all drivers must submit an appeal within 10 days to Georgia Department of Driver Services to avoid license suspension.
What is Georgia Implied Consent Law?
Under Georgia’s implied consent law, all drivers are required to take a chemical test if requested by an officer who has arrested you for DUI. If you refuse to take the test required, usually a blood or breath test, the arresting officer is trained to mark you as a ‘refusal’, and submit paperwork to the Georgia Department of Driver Services in an attempt to suspend your Georgia driver’s license, or take away your privilege to operate a vehicle on Georgia’s roadways.
Even if you have never before been arrested for a DUI charge, a ‘refusal’ to submit to the officer’s chemical test will have your license suspended for one year, with no work permit, or hardship license available. Quite simply, you will not be able to legally drive in Georgia for twelve months after your arrest, unless your DUI charges are dropped, or your attorney is able to successfully negotiate a deal with the arresting officer at an administrative hearing in order to salvage your driver’s license privileges.
What is Required to Save My License?
After being arrested and charged with refusing Georgia’s testing of your blood or breath, you only have 10 business days from your date of arrest to submit an appeal letter to the Georgia Department of Driver Services (DDS) demanding that the state give you a hearing, with the arresting officer present, before they suspend your license. Georgia DDS now also requires that you send a money order for $150.00 along with your request for an administrative license hearing. If your request is timely received, and the hearing granted, you will be notified by mail of the hearing date and location. This hearing will determine whether you will retain your right to drive- having an attorney is a must for this hearing, with so much at stake.
Even if you took the the state administered breath test, and the officer obtained a numerical sample of your breath alcohol level, your license is still in danger of being suspended. Testing over the applicable legal limit will trigger an automatic license suspension when the Georgia DDS receives the arresting officer’s sworn Form 1205. Contact me as soon as possible, either by phone or text at (404) 590 6642 or email to discuss your defense and satisfy Georgia’s 10 day requirement to save your license. Remember, there is no way to go back once the deadline has past, and failing to properly comply with DDS’ fine-print requirements will trigger a costly license suspension.