How to Fight for Your Driver’s License After a Georgia DUI

Georgia imposes high penalties for impaired driving, and they increase with each repeated offense. After the first offense , you might face:

• Jail time of up to one year
• Fines of $300 to $1,000
• 40 hours of community service
• Reinstatement fee
• License suspension for up to one year

For many people, it is the potential loss of their driver’s license that causes the greatest concern. Georgia’s Implied Consent Law assumes permission by all drivers to submit to a chemical test of their blood, breath, or urine. If you get arrested for driving under the influence (DUI) in Atlanta, Georgia and refuse a chemical test, you are subject to a license suspension based on your refusal. Refusing a test will also make you ineligible for a limited driving permit if you receive your first DUI.

Like most other states, the suspension of driving privileges is automatic once you get arrested for DUI in Georgia. The suspension period also increases with each additional offense. The suspension period for a second offense is three years, and with a third offense, the number jumps to five years.

Driving is important to anyone who has a job, medical appointments, or to transport minor children to and from school. If you act quickly and get the help of a DUI attorney, you will know your options for keeping your driving privileges.

What Happens After a Georgia DUI Arrest

After your DUI arrest, the court reports the traffic offense to the Georgia Department of Driver Services (DDS). The DDS then places the information on your driving record along with any additional penalties they impose. They may cancel your driver’s license if you fail to give the required or correct information needed on your application. Once you satisfy the requirements, the DDS will allow you to reapply.

Depending on the circumstances of your arrest, you might have one of several options to retain or restore your driving privileges. After your arrest, you have the option to do the following:

Request a Limited Driving Permit

Even though you have a suspended driver’s license, you might qualify for a limited driving permit. The DDS provides temporary driving permits for some offenders to allow them to drive to:

• Support meetings
• Their place of employment
• To obtain medical care or prescriptions
• Attending school or college classes
• Perform community service
• A hearing by a judge related to their case
• Transporting unlicensed relatives to approved functions

The DDS might also specify where you can travel to, the routes you take, and the times you travel. The limited driving permit does not allow for socializing or looking for employment. Also, the DDS might revoke your permit if you violate any of the conditions.

File an Appeal

If you don’t meet the requirements for a temporary driving permit, the next option is to file an appeal. You can do this within 30 days following the arrest. Another option is to install an ignition interlock device in your vehicle. This device requires a clean (alcohol-free) breath sample to start the engine. Keep in mind that you are responsible for the cost of obtaining, installing, and maintaining the device. Often, this includes a down payment of $100 to $200 in addition to the monthly rental fee and cost of maintenance and calibration.

There is also a small potential for reading a false positive. A condition of driving is that you will not consume any alcoholic beverages at all. If you try to start your vehicle after having consumed any alcohol, it could go against you.

Apply for Reinstatement

At the end of 120 days, you can apply for reinstatement if you have met all the conditions of the suspension. The DDS requires a certification for the completion of a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program. The requirements for an approved program for in-state residents will differ from out-of-state drivers . You must also submit the required fees to have your driver’s license reinstated. You can make the payment in person at a DDS customer service center, online, or by mail.

When Penalties for a DUI Become More Severe

Most of the time, DUI charges are a misdemeanor. Certain circumstances can result in DUI charges being elevated to a felony, including when the driver:

• Has four total or a subsequent DUI conviction within 10 years
• Tries to evade law enforcement while under the influence
• Causes serious injury or death to another individual

Felony DUIs impose more severe penalties, including a minimum one-year prison sentence. The DDS bases driver’s license penalties on the number of convictions within the previous five years.

Why You Need a Georgia DUI Lawyer

Getting arrested for a DUI is a frightening and embarrassing experience. A Atlanta, Georgia lawyer knows your rights and what it takes to fight for your driver’s license. Georgia’s Implied Consent Law makes fighting a DUI conviction more complex than a typical traffic offense. Make sure you get the legal guidance to understand all your rights.