Georgia DUI License Suspension

Similar to other states, the Georgia Department of Public Safety will suspend a person’s driver’s license upon hearing of a DUI arrest. This occurs prior to a case in criminal court. Known as an administrative civil proceeding, it is not considered double jeopardy (where you are punished for committing the same crime twice) because it is not a criminal case.

While it is similar to the administrative laws in other states, each state has its own rules regarding requesting a hearing. In Georgia, there is a 10-day rule where citizens arrested for DUI have 10 business days from the date of their arrest to request a hearing. It is important to request a hearing whether you were arrested for DUI because of an Implied Consent violation or a “per se” violation. Failing to request a hearing will result in the automatic suspension of your driver’s license. This will occur on the 31st day after your arrest date. Depending on the circumstances surrounding your arrest and your prior record, your license may be suspended for 1 to 5 years. Again, this happens before you even walk into a court room.

At The Law Office of Larry Kohn, we would be happy to request a hearing on your behalf and represent you during the hearing. We can help you during this difficult process and answer some of the tough questions of this complex area of DUI law.

You should know that if your license is suspended by the Department of Public Safety based on a “per se” violation, any suspension time will be credited against a license suspension you may receive in criminal court if you are convicted or plead guilty. A “per se” violation simply means that your blood alcohol content was at or above the legal limit of .08%. However, the same is not true if the Department of Public Safety suspends your license based on an Implied Consent violation.

This is a way for the state to further punish you for refusing to take a chemical test. Remember, the state’s goal in a DUI investigation is to obtain evidence that can later be used against you in court.