Georgia Administrative License Suspension for DUI

Georgia, like most of the other states, has an Implied Consent Law, which basically decrees that any licensed driver agrees to submit to a breath, blood or urine test when requested by a law enforcement officer. Of course, the law does require the officer to have probable cause to “search” the driver for the blood, breath, or urine samples. If the motorist refuses, the law authorizes the officer to seize that person’s driver’s license and issue a temporary permit. The Department of Driver Services then initiates a civil case (administrative license suspension) in which it attempts to suspend your license (or privilege to drive on the highways of Georgia) for refusal.

When a person submits to breath testing and the results are at or above the per se limit (e.g., .080 or higher for a person who is age 21 or over and not operating a commercial vehicle), the officer should also initiate an administrative license suspension by issuing the DS-1205 and giving a copy to the driver. This administrative action can be completed before you ever see the inside of a courtroom in your criminal case.

You have the right to request an administrative hearing, but the hearing request must be postmarked within ten business days of the date of arrest. We recommend that you send the request via certified mail, so you will have proof of mailing and delivery. Contact us immediately at (770) 830-8560, and a member of our staff can help you with your request for an administrative license suspension hearing.  Effective May 13, 2010, the request for an administrative hearing must be accompanied by a $150.00 filing fee.  You can simply write a check in that amount and make it payable to the Georgia Department of Driver Services.

If your license is administratively suspended for refusal, the suspension is for one year with no limited permit. However, a non-DUI disposition of the underlying criminal charge “trumps” the administrative suspension, which is then deleted from your record. A “per se” suspension on a first offense within five years is for one year, although the license may be reinstated after thirty days upon payment of the reinstatement fee and completion of DUI school. The “per se” limit is .02 for drivers under 21 years of age, .04 for drivers over age 21 who are operating commercial vehicles, and .08 for all other drivers.

A second “per se” administrative suspension within five years can last as long as three years, although early reinstatement is possible after eighteen months. A third administrative suspension within five years is for a period of five years, but a probationary license may be issued after two years. If a blood test result comes back from the crime lab showing a “per se” alcohol concentration, the arresting officer can then initiate an administrative license suspension by issuing a DS-1205S. When a driver then receives a notice of suspension in the mail from the Department of Driver Services, he or she has ten business days to request a hearing.  We rarely encounter these except in cases involving the Georgia State Patrol and the Pauldling County Sheriff's Department.

There is no administrative suspension for DUI-drugs, except in the case of a refusal.