2017 New Implied Consent License Suspension
By: Kaila Fulgham
When you are arrested in Georgia for driving under the influence, your driver’s license may be taken away. When this occurs, you are then issued a temporary or limited driving permit. In the past, Defendants were given 10 business days to request a hearing, or appeal the decision to suspend one’s license.
Now, there are different rules under the new DUI law in Georgia for filing an appeal of a pending driver’s license suspension.
Prior to July 1, 2017, the temporary driving permit was good for 30 days, and as previously stated, the driver needed to file an appeal to Georgia’s Department of Driver Services within “10 business days”. Failure to do this meant risking a total license suspension for one full year.
Starting on July 1, 2017, for DUI arrests made this date and thereafter, the limited permit lasts for 45 days. Upon the commencement of this time period, the Defendant has 30 calendar days to opt for one of two “methods” to avoid an administrative license suspension hearing.
The first option is to seek an administrative license suspension hearing, and relinquish a $150.00 filing fee.
The second option is to apply for an Ignition Interlock Limited Device Permit. The filing fee for this is $25.00, and the Defendant must formally waive the right to an administrative license suspension hearing.
As stated under the legislation, one may renew the permit at the end of the year for $5.00, and the renewed limited permit is valid for two months. This renewal process may only occur once. This option of extension is only to allow for any oversight, or lack of funds to reinstate one’s license.
This added “DUI refusal option,” for ignition interlock installation, is mutually exclusive from filing the DDS GA appeal of the implied consent ALS action against the person’s driver’s license. The primary benefit to taking the interlock installation option at the administrative license suspension phases of the DUI case will be for drivers who still wish to fight their DUI criminal charges.
However, for those drivers who MUST drive, but have refused the Georgia implied consent law breath, blood or urine test, can now opt for (and pay for) an ignition interlock device on one vehicle, and continue driving.
Please note, this must occur within “30 calendar days.”
Don’t miss your 30-day deadline and get caught driving with a suspended license in GEORGIA!
My job is to keep you driving and avoid a DUI conviction. Both goals are important, but for some clients, being able to drive to protect a job or family issues takes precedence over all other issues. The last thing I want is to have any client driving on suspended license GA.
For your FREE consultation, call us NOW. 770-251-2373. I am a dedicated attorney, who wants to help you achieve your goal of not having a DUI on your record, and retaining the right to drive. The sooner you call me, the better your odds are of winning your GA DUI case.