License Suspension Issues
10 day rule
A Georgia DUI arrest will almost always result in the officer filing a DDS 1205 sworn report. The arresting officer will take your license and give you a yellow piece of paper to use as a temporary driving permit. If you don't read the back of this document, you may not realize that your license will get suspended if you fail to request a hearing within ten business days of your arrest. Contact Mr. Leonard immediately and he will send this request for you.
ALS Suspension
Once you request the hearing referenced above, you will be mailed a hearing date. Generally, this hearing will be about 60 days after the request and your temporary permit will be extended until the date of the hearing. If the officer fails to appear, this separate civil proceeding will be dismissed. If the officer show up for the hearing, you will have a hearing or the officer can agree to withdraw his request to suspend your license. Even if you lose the hearing, if this is your first DUI in 5 years, you can get a permit after 30 days (unless you refused the chemical test-see refusal suspension below).
Post-conviction license suspension
See the Georgia DUI Punishment page for regular license suspension information. A drivers license will be suspended for 120 days if convicted. If this is a first conviction in a five year period, the driver can get a work permit to drive on during the 120 days. The full license can be reinstated after 120 days with a certificate from a risk reduction school and a $210.00 reinstatement fee.
A CDL driver can lose his CDL license for a year with a first DUI conviction, even if the DUI was in a personal vehicle. Even worse, most companies will fire you or place you on leave for just getting arrested, without even giving the employee an opportunity to contest the case.
Implied Consent or "Refusal" suspension
By signing and accepting a driver's license in Georgia, you have implicitly consented to a test of your blood, breath or urine if a police officer determines that probable cause exists to believe that you are driving under the influence. If you refuse the state test, then your license can be suspended for one year.