Free DUI Lawyer In Georgia

Reader’s Question:

I was caught drunk driving here in Georgia. I was immediately charged with DUI and brought to the police station when I registered a blood alcohol level that is higher than the legal limit. My driver’s license was immediately taken by the officer. Is it a general practice for the police to suspend my license instantly after being charged with DUI?

Rick

Northeast Cobb, GA

Driver’s license suspension or revocation is one of the most common punishments for DUI conviction. Generally, statutory chapters that set guidelines for the granting of driver’s licenses also provide the circumstances under which they can be revoked. License revocations have primarily become a simple state administrative agency matter which occurs automatically upon conviction of a DUI offense.

In your case, since you were charged with DUI in the state of Georgia, your license was not actually immediately suspended. Yes, it is a common practice by any police officer to take your license immediately if you have a blood alcohol level that is more than the legal limit, but you still have time to request a hearing from the Department of Motor Vehicles (DMV) so that your license will not be suspended. You have 10 days to file for a hearing with the DMV. If you don’t request a hearing the DMV within 10 days of your arrest, your license will be automatically suspended. If you lose the hearing or fail to request a hearing on time, DMV will suspend your privilege to drive for four months or one year if you have a prior conviction. However, you can be eligible for a five-month restricted license after 30 days of your suspension if this is your first DUI charge. You are not eligible for a restricted work-driving-only license until a one-year suspension is completed if you have a prior conviction within 10 years.