DUI Lawyer of the Year 2005
Arrested for DUI?
Contact Carrollton, GA DUI Lawyer, Allen Trapp
Carrollton, GA DUI Resources
How to Avoid Losing Your License After a DUI
Sep 23, 2010 by Law Offices of Allen M. Trapp, Jr., P.C.When it comes to DUI and license suspension, Georgia law doesn’t play around.
In fact, if a law enforcement officer believes he or she has probable cause to “search” a driver for being under the influence of drugs or alcohol, they will ask the driver to submit to a chemical test to check for those substances.
But asking is just a formality; Georgia’s Implied Consent Law requires that the driver submit to a chemical test of the breath, blood, or urine.
What if I refuse the chemical test?
If a driver refuses this test, the officer is authorized under Georgia law to seize the driver’s license and issue a temporary permit. From there, the Georgia Department of Driver Services will proceed with an administrative license suspension, in an attempt to suspend the driver’s license for refusal to submit to testing.
What if I take the test and fail?
If a driver submits to a chemical test and the results measure at or above the legal limit (.080 or higher for someone age 21 and over not operating a commercial vehicle), the arresting officer will issue a DS-1205, which “gets the ball rolling” for an administrative license suspension. This suspension can go into effect months before your criminal case is resolved.
The officer will give the driver a copy of this form, which will be needed to file an appeal and later, in the criminal aspect of the case.
What happens if my license is suspended?
If you’ve received a notice of administrative license suspension, you have just 10 business days to request an administrative hearing! Effective May 13, 2010, all requests for an administrative license suspension hearing must be accompanied by a $150 filing fee.
If you fail to appeal your license suspension within 10 business days, you will lose your license. In fact, your license will be suspended on the 31st day following your DUI arrest and it will likely be suspended for one year, although some suspensions are for longer or shorter periods depending on the facts of the case.
If your license is suspended for DUI, remember that time is of the essence! Don’t delay! Contact West Georgia DUI Attorney Allen Trapp today. Call 770-830-8560, and his staff will be more than happy to help you with your request for an administrative hearing.