Administrative Driver's License Suspension
Administrative Driver's License Suspension Attorneys
Augusta, Georgia, DUI Lawyers
An administrative Driver's License suspension is a different suspension than the suspension you will receive if you are convicted of DUI in Georgia, and may occur before you even go to court for your DUI.
If you are stopped for DUI and you refuse to take the requested State administered chemical test (either breath test, blood test or urine sample), or if you take the test and your blood alcohol level amounts to a "per se" violation, the arresting officer is required by law to submit a report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative hearings.
You must request an administrative hearing. If you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one to five years, depending upon your record. If your license is suspended, no limited permit is allowed, even if this is your first ever DUI charge. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. The only way the suspension can be undone is if you have a trial and win or if you plead to a charge that is not a DUI.
ADMINISTRATIVE DRIVERS LICENSE SUSPENSIONS PENALTIES
For a first offense within five years, if the officer initiates a "per se" suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one year. However, you may obtain a thirty day work permit. After thirty day work permit expires, you can receive early reinstatement of your driver' license if you complete DUI school and pay the appropriate reinstatement fee. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing.
For a second offense within five years, if you do not request a hearing in a timely manner, or if you request the hearing and lose, your license is suspended for three years and you may not receive a work permit.
For a third offense within five years, if you do not request a hearing in a timely manner, or if you request a hearing and lose, your driver's license will be suspended for five years and you may not receive work permit.
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