License Suspension and Administrative Penalties After a DUI or Drugged Driving Charge in Georgia: What You Need to Know

When most folks think about a DUI or drugged driving charge in Georgia, they tend to focus on the criminal side of the case. Things like jail time, fines, probation, and community service occupy the forefront of their minds. There is, however, another side of the charge that begins the moment that you’re arrested: the administrative license suspension process. Even before you have your day in court, your right to drive legally can be taken away. Understanding how this process works and acting quickly can make a major difference in your case.

Two paths after a DUI arrest

In Georgia, a DUI arrest creates two separate cases. The first case is in criminal court. The other is with the Georgia Department of Driver Services (DDS). The DDS handles the Administrative License Suspension (ALS). It begins immediately after your arrest.

You have 30 days to protect your license

You’re only going to have 30 days from the date of your arrest to request an administrative hearing or apply for an ignition interlock permit. If you don’t do anything at all, your license will be automatically suspended (usually for one year if you refused testing, or at least 30 days if you consented and failed the test).

This deadline often catches people off guard. Those who hire an attorney quickly can ensure that a hearing is properly requested and their rights to challenge the suspension are secured.

The administrative hearing 

The DDS hearing is separate from your criminal case. Nonetheless, it can have a major impact on it. The hearing is your opportunity to question the officer’s conduct, the legality of the stop, the accuracy of the testing equipment, and whether the implied consent notice was properly read to you.

If you win at the hearing, your license suspension will be voided. If you lose, your attorney can still get you a hardship license that allows you to drive for necessary reasons.

Drug DUIs and license suspensions

A drug-related DUI can carry many of the same administrative penalties as alcohol-related DUIs. A conviction for drug-related DUI will carry a hard six-month suspension of your driver’s license. You will not qualify for a limited permit at all. This can be a devastating consequence for those who rely on their vehicles for work.

In addition, Georgia requires the completion of a DUI Alcohol or Drug Use Risk Reduction Program (commonly called DUI school) before your license can be reinstated. You will also have to pay substantial reinstatement fees.

Talk to a Cobb County, GA, DUI Lawyer Today

Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who have been charged with DUI. Call our Cobb County DUI defense lawyer today to schedule an appointment, and we can begin discussing your next steps right away.