Appealing the Suspension of Your Driver’s License in Georgia
A driver’s license suspension can have far-reaching consequences, significantly impacting a person’s day-to-day life by making it impossible to get to work, pick up children from school, or complete other important daily activities. Fortunately, Georgia drivers who find themselves in this position because of a DUI accusation are often able to appeal the suspension. Read on to learn more about the process of having your license reinstated after a Georgia DUI charge.
Appealing a DUI-Related Driver’s License Suspension
There are a couple of different types of license suspensions that a person could face after being accused of driving under the influence. The first is known as an administrative suspension and they can occur whenever a person is arrested for driving under the influence. The length of these suspensions will depend on the circumstances of the case, with first time offenders usually facing a one year license suspension, with the possibility of reinstatement after a month.
To appeal an administrative license suspension a driver will need to attend an Administrative License Suspension (ALS) hearing, where he or she will be able to present the case, question witnesses, and challenge the basis for the suspension. If a judge decides to uphold the suspension, the driver can file a court appeal, which in turn requires compliance with a number of important procedural requirements and deadlines. Failing to adhere to these requirements can result in the driver’s forfeiture of the right to appeal.
Seeking Reinstatement of a Driver’s License
The second type of DUI-related license suspension happens when a driver is actually convicted of DUI. These suspensions last a year for first time convictions, although drivers can seek reinstatement after four months. A second DUI conviction within a five year period will come with a three year license suspension (with a possible reinstatement after 18 months). A third offense will result in revocation of a driver’s license for at least five years.
If a driver’s license is suspended due to a conviction, then he or she will need to seek reinstatement of the license after:
- Serving at least 120 days of his or her license suspension;
- Completing an approved DUI Alcohol or Drug Use Risk Reduction Program; and
- Paying the reinstatement fine.
As long as these requirements are met, a driver’s license can be reinstated even after it has been suspended for driving under the influence. Reinstatement of one’s license, however, is often more difficult to obtain for second and subsequent convictions.
Call Today for Help with Your DUI Case
Appealing the suspension of a driver’s license requires a careful legal approach, as well as compliance with a host of procedural requirements. Working with an attorney can go a long way towards helping you file a successful appeal. To learn more about how an experienced Smyrna DUI defense lawyer can help with your own appeal or reinstatement, feel free to call Andrew L. Schwartz at 678-853-2500 today. You can also set up a free consultation by reaching out to a member of our legal team via online message.