A DUI arrest in Georgia can create consequences before the criminal case is resolved. One of the most immediate concerns for many drivers is what may happen to their driver’s license.
Georgia has an administrative process that can result in a license suspension following certain DUI arrests, including situations involving a refusal to submit to state-administered chemical testing or test results above the applicable alcohol concentration limit.
Understanding the difference between an administrative license suspension and a suspension resulting from a DUI conviction is important, particularly because some deadlines begin shortly after the arrest.
Administrative License Suspension After a Georgia DUI Arrest
An Administrative License Suspension, commonly called an ALS, is separate from the criminal DUI case.
Under Georgia law, an administrative suspension may arise when a driver refuses a requested state-administered chemical test or when testing produces an alcohol concentration that meets the statutory threshold for suspension.
For drivers age 21 or older, Georgia’s implied consent notice states that refusing testing may result in a license suspension for a minimum period of one year. Test results showing an alcohol concentration of 0.08 or higher may also lead to an administrative suspension.
Because the administrative proceeding is separate from the criminal prosecution, a driver should pay close attention to any license suspension notice received following a DUI arrest.
You Generally Have 30 Days to Request an ALS Hearing
One of the most important deadlines involving a Georgia administrative license suspension is the deadline to request a hearing.
Georgia law generally provides 30 days from the applicable notice date to submit a written request for an ALS hearing and the required filing fee. Failing to make a timely request can result in the right to the administrative hearing being waived.
The Georgia Department of Driver Services allows qualifying hearing requests to be submitted through its Online Services system, by mail, or at a DDS Customer Service Center.
An ALS hearing does not determine whether a person is guilty of DUI. Instead, it addresses specific issues related to the administrative suspension, including the circumstances surrounding the arrest, chemical testing, or refusal.
Because the deadline is relatively short, anyone who receives an administrative suspension notice should review the document carefully and determine what action may be required.
What Happens to Your Temporary Driving Permit?
When an officer serves a notice of intent to suspend a Georgia driver’s license under the administrative suspension process, Georgia law provides for the issuance of a temporary driving permit in qualifying circumstances.
The statutory temporary permit is generally valid for 45 days.
That temporary period should not be mistaken for an extension of the deadline to request an ALS hearing. The administrative hearing request generally must still be filed within the applicable 30-day period.
Drivers should review the dates and instructions contained in their individual notice rather than assuming that the temporary permit determines every applicable deadline.
Ignition Interlock Limited Driving Permits in Georgia
Some drivers facing an administrative license suspension may qualify for an ignition interlock device limited driving permit.
An ignition interlock device, often called an IID, is connected to a vehicle’s ignition system and requires the driver to provide a breath sample before the vehicle can be started.
Eligibility is subject to specific requirements. Georgia law generally limits this option to certain drivers who meet statutory conditions, including restrictions involving age, previous DUI history, license status, and other suspensions.
For eligible drivers facing a first administrative suspension, the required ignition interlock monitoring period can also differ depending on whether the suspension resulted from a qualifying chemical test result or a refusal to submit to testing.
There is another important consideration: obtaining an ignition interlock device limited driving permit in connection with an administrative suspension generally constitutes a waiver of the right to an ALS hearing.
For that reason, a driver should understand the consequences of each option before deciding how to proceed.
A DUI Conviction Suspension Is a Separate Process
An administrative license suspension following an arrest should not be confused with a license suspension imposed because of a DUI conviction.
The two processes have different legal bases and can involve different deadlines and requirements.
For example, the Georgia Department of Driver Services states that a first DUI conviction within five years for a driver age 21 or older generally results in a 12-month suspension. DDS indicates that reinstatement may be available after 120 days when the applicable requirements have been completed, including an approved DUI Alcohol or Drug Use Risk Reduction Program.
The exact consequences can vary depending on factors such as the driver’s age, prior record, license type, test results, refusal, and other circumstances.
What to Do After Receiving a License Suspension Notice
If you receive a license suspension notice following a Georgia DUI arrest, read the notice carefully and identify every deadline listed on it.
Keep copies of the notice, temporary permit, citation, testing paperwork, and other documents provided during or after the arrest.
You may also want to check your current license status and suspension information through Georgia DDS Online Services.
Because administrative and criminal DUI proceedings involve different rules and deadlines, obtaining legal advice from an attorney who handles Georgia DUI defense can help you understand how those rules apply to your specific circumstances.
Georgia DUI License Suspension FAQs
How long do I have to appeal an administrative DUI license suspension in Georgia?
Georgia law generally provides 30 days from the applicable notice date to submit the required written hearing request and filing fee. Missing the deadline may waive the right to an administrative hearing.
How long is the temporary driving permit after a Georgia DUI arrest?
When the administrative suspension provisions apply, Georgia law provides for a 45-day temporary driving permit in qualifying circumstances.
Can I use an ignition interlock device instead of requesting an ALS hearing?
Eligible drivers may have the option to apply for an ignition interlock device limited driving permit. However, obtaining that permit in connection with an administrative suspension generally waives the right to an ALS hearing.
Is an administrative license suspension the same as a DUI conviction?
No. An administrative license suspension is a separate process involving driving privileges. A criminal DUI case determines whether the person is convicted of DUI. A DUI conviction may result in additional license consequences.
Can a first DUI conviction suspend my license in Georgia?
Yes. Georgia DDS states that a first DUI conviction within five years for a driver age 21 or older generally results in a 12-month suspension, although reinstatement may be available after 120 days when applicable requirements are satisfied.
Understanding Georgia DUI License Suspension Rules
Georgia DUI license rules involve strict deadlines, administrative procedures, and eligibility requirements that can vary depending on the circumstances of the arrest.
Anyone facing a suspension should rely on the instructions issued by the Georgia Department of Driver Services and seek advice from a qualified Georgia DUI-defense attorney when legal representation is needed.
This information is provided for general educational purposes and is not a substitute for legal advice regarding an individual DUI case.