By Pierce Blitch & Will Dasher
Understanding Your License’s Fate
Getting charged with a DUI in Georgia can lead to significant consequences for your driver’s license. When the officer hands you that citation, your license’s journey through the legal system begins. Let’s explore what really happens.
Immediate Consequences
When charged with DUI, your driver’s license will likely be taken and sent to the Georgia Department of Driver Services (DDS). If you’re not convicted or you meet reinstatement requirements, a new license will be issued. However, if your license is from another state, you may need to return there for a new one.
Legal Limits and Officer Discretion
In Georgia, the legal blood alcohol content (BAC) limits are 0.02 for drivers under 21, 0.04 for commercial drivers, and 0.08 for other drivers. Despite these limits, an officer can still charge you with DUI if they believe other evidence shows you were less safe to drive.
The Officer’s Duty with Your License
O.C.G.A. § 40-5-67 mandates officers to take the driver’s license of anyone charged with a DUI. The license is then attached to the citation sent to the court handling the DUI case. If you refuse the state test or fail a breath test, the license is attached to a 1205 form and sent to DDS. The 1205 form includes a 30-day temporary driving permit and notice of intent to suspend your license. You’ll receive a copy of this form, typically printed on yellow or white paper.
Blood or Urine Tests
If you took a blood or urine test instead of a breath test, the officer might serve you with a 1205S form if results support a pre-conviction suspension.
The Thirty (30) Day Appeal Window
You have thirty (30) days to appeal the suspension and pay a $150 filing fee. It’s usually in your best interest to challenge the suspension. Sometimes, the suspension can be avoided, and it provides your attorney with valuable information about the government’s evidence against you.
Potential Consequences of Suspension
A pre-conviction suspension can severely impact your ability to reinstate your license later. If the suspension is overturned or not upheld, your driving privileges remain intact. However, if convicted, your license will be suspended as a result of the conviction.
Act Quickly to Protect Your Rights
Facing a DUI charge in Georgia is serious. The process involving your driver’s license is complex, and timely action is crucial.
CALL THE BLITCH LAW FIRM ATTORNEYS AT LAW TODAY TO DISCUSS YOUR CASE
We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients with the best possible criminal defense available. Nearly all the attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.