If you have received charges or a DUI, there is one immediate threat you must address: the loss of your driver’s license. In Georgia, the clock starts ticking the moment law enforcement arrests you. Specifically, you have exactly 30 days to take measures or you will face an automatic administrative license suspension.
Georgia’s Administrative License Suspension
In a DUI case, you face two separate proceedings. In Georgia, the criminal case is different from the administrative license suspension (ALS) through the Department of Driver Services (DDS). Furthermore, many drivers do not realize these are independent processes. You can lose your driving privileges through the DDS even if the criminal court later dismisses your charges.
The critical 30-day window
An arrest triggers a 30-day deadline that can automatically suspend your license. However, you can still protect your driving privileges. To do this, you must complete one of two options available to you:
- Request an ALS hearing: You can request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (DDS). The hearing gives you the chance to challenge the suspension.
- Apply for an Ignition Interlock Device (IID) limited permit: Depending on specific eligibility criteria, you may be able to waive the hearing and apply for an IID limited permit. It allows you to keep driving (typically with restrictions) with a pending case.
While your criminal case is important, an impending license suspension requires your attention as well. 30 days is a short time span that can lead to a loss of driving privileges for years.
Taking immediate action
If you choose to request an ALS hearing, you must file a Form DDS-1205 (Request for Administrative Hearing). This request comes with a statutory $150 filing fee paid to the Georgia Department of Driver Services. Once filed, you will receive a temporary driving permit that allows you to drive until your hearing date.
This administrative hearing will focus on specific issues such as evidence of driving under the influence or whether you refused testing. The hearing officer will review evidence and testimony before making a determination about your license.
Finally, you do not need to face your charges alone. Consider consulting an experienced Georgia DUII legal representative. A professional can help you gather evidence, present your side and help you file paperwork correctly and on time.