SUMMARY OF GEORGIAS ADMINISTRATIVE
DRIVERS LICENSE SUSPENSION LAW
Arrests July 1, 1997 or After
© 2004 William C. Head
REFUSAL PENALTIES
Georgia, like every other state, has an administrative penalty
for any driver who (upon being requested by a law enforcement officer
to submit to a state-administered chemical sobriety test) REFUSES
to take the test. This refusal does not cause any monetary
fines to be payable, nor can you be jailed simply for refusing to
take the States test. However, Georgia will seek to SUSPEND
your drivers license (for those licensed to drive
by the State of Georgia) or for non-Georgia licensees your
privilege to operate a car anywhere within the State of
Georgia FOR A PERIOD OF ONE YEAR. A person who contests
this suspension by filing a request for a hearing within 10 business
days after the alleged refusal may be successful in preventing this
suspension for refusal. [When counting days, the day of arrest does
not count. Also, do not count Saturdays, Sundays or State holidays].
Failure to appeal the suspension within 10 business
days will almost certainly result in this ONE YEAR suspension. In
rare cases, where providential cause for late filing
can be shown, a late appeal will be accepted by DPS.
THE IMPORTANCE OF THE ADMINISTRATIVE HEARINGS
Administrative hearings can be critical to a clients case.
To begin, if the licensee does nothing, his/her license (or privilege
to drive in Georgia) will be suspended. This often hampers our efforts
to proceed on the DUI criminal case. A client without driving privileges
often loses the motivation to challenge his or her case.
Secondly, the administrative hearing (if held) offers your attorney
a chance to cross-examine the arresting officer under oath, so that
important issues can be reviewed before the criminal (DUI)
case ever starts. A transcript of this sworn testimony can be instrumental
in helping to settle or win the DUI case. In many cases, it is our
only chance to obtain binding information about the officers
case.
Thirdly, the administrative case is handled before an administrative
law judge who works for the Georgia Office of State Administrative
Hearings. If you decide to testify (after consulting with your attorney),
this will be good practice for you in the event you go to a jury
trial or a bench trial in the companion criminal case. You will
also get an opportunity to see the officers manner of testimony
in court.
ALS SUSPENSION FOR DRIVING WITH AN
UNLAWFUL BLOOD ALCOHOL LEVEL
Effective July 1, 1997, for all drivers charged with a violation
of subsection a of the DUI code who SUBMIT to the States
test and yield a blood alcohol result higher than 0.099%
(0.100 or higher), a suspension under Georgias Administrative
License Suspension Law (ALS) will be applicable. [.02 is the applicable
ALS level for those under 21 charged with a violation of subsection
k and .04 is the applicable ALS level for commercial
vehicle operators charged under subsection i]. This
is sometimes called a stop & snatch law. Basically,
the law says that if you are stopped for DUI and have an unlawful
blood alcohol level, based upon a chemical sobriety test
result, your license (Georgia licensees) or your privilege
to drive in Georgia (licensees from other states) will be administratively
SUSPENDED for the following time periods:
(a) FIRST OFFENDERS: Persons who have not had
a previous DUI arrest within 5 years (where the arrest resulted
in either a conviction, guilty plea or a nolo contendere
plea) are considered to be FIRST OFFENDERS under the ALS law.
The suspension period is for ONE (1) YEAR. However, FIRST OFFENDERS
are eligible to seek the following favorable treatment. At the
end of the initial 30-day temporary driving permit
allowed by the form received at the time of arrest, the person
can apply for and receive a 30 day work permit that
allows him/her to drive to work, medical treatment, DUI Risk Reduction
Program, College, etc., but no recreational driving. There is
a $25.00 charge for this limited driving permit. Also, if the
person attends and completes a Risk Reduction Course (driving
school) and pays a reinstatement fee ($200 by mail; $210 if done
in person), he/she can obtain EARLY REINSTATEMENT of his/her license
(or privilege to drive) after the 30 day permit expires.
(b) SECOND OFFENDERS: For persons who have one
previous DUI arrest within the past 5 years (where the arrest
resulted in a conviction, guilty plea or nolo contendere
plea), a THREE YEAR SUSPENSION is triggered. No work
permit is allowed. The suspension begins on the 31st day following
arrest (unless an appeal is sought). However, these SECOND
OFFENDERS may attend a DUI Risk Reduction Program and pay
a reinstatement fee (same as for FIRST OFFENDERS) and get their
license (or privilege to drive) reinstated after 120 days.
(c) THIRD (OR SUBSEQUENT) OFFENDERS: Any person
who has already had two or more prior convictions, guilty or nolo
contendere pleas to DUI in the past 5 years will be suspended
for FIVE YEARS. No work permit of any type is allowed.
However, after two (2) years (and subject to stringent requirements
set forth in Georgias Code section 40-5-58) a person can
seek a probationary license that is basically a restricted
right to drive, which is very similar to a work permit.
For any ALS or REFUSAL administrative license
suspension, the only penalty is suspension of driving privileges.
For all persons who receive a proposed suspension notice, an appeal
(request for hearing) can and should be made. If successful in the
appeal, none of the ADMINISTRATIVE
suspension penalties will take place. However, the driver must still
wait until the CRIMINAL (DUI) case is concluded to see
if any license suspension penalties are assessed in that proceeding.
Hence, winning BOTH the administrative case and the criminal
case is CRITICAL.
If a person has suffered a suspension under the ALS law (for driving
with an unlawful blood alcohol level) or for REFUSAL,
the imposition of a suspension by a judge in the CRIMINAL
(DUI) case will entitle the person to CREDIT for any administrative
suspension already suffered. However, for drivers under age 21,
a revocation does not get reduced by any time served
on an administrative suspension.
Even more important to a person who is suspended under an ALS or
REFUSAL administrative license suspension, if he/she
ultimately WINS the criminal (DUI) case, all suspensions are
LIFTED, and any reinstatement fees which have been paid must
be refunded by the Department of Public Safety. Moreover, a win
can be a dismissal, a nolle prosequi (decision
by the prosecutor to not prosecute), a plea to an alternative offense
(such as a minor traffic offense). Any win will result
in the administrative suspension being LIFTED or rescinded.
For arrests made before July 1, 1997, a nolo contendere
plea also results in the administrative suspension being lifted
and the license (or privilege to drive in Georgia) being reinstated.
Please note, this option is lost for arrests made July 1, 1997
and after. For out-of-state licensees, the effect on driving
privileges permitted by your license from your home state (after
obtaining clearance of the suspension in Georgia) will
vary, but most states will permit either full reinstatement or a
work permit (limited driving privileges) of some type.
FILING AN APPEAL (REQUEST FOR HEARING)
A timely appeal or request for hearing must be made within 10 business
days. It must include certain basic driver identification
information (name, address, phone, license number, date of birth),
but should also state the grounds or reasons for appealing.
The grounds for REFUSAL appeals are not identical to the grounds
for ALS appeals. To set forth all available grounds,
an attorneys assistance is needed. Dozens of
potential issues may be raised in the appeal letter.
Upon the completion of the WRITTEN appeal, it should be either:
(1) Hand delivered to 2206 East View Parkway
Conyers, GA 30013 (ALWAYS OBTAIN A RECEIPT FOR DELIVERY) **directions
to the Conyers DMVS below**
or
(2) Sent by certified mail, return receipt requested,
and be POSTMARKED within the 10 business day time period. [Don't
just drop it in a mailbox, and keep no record of it being received
at the Post Office.] The address for certified mail is
Georgia Department of Motor Vehicle
Safety
Post Office Box 80447
Conyers, GA 30013 |
As an extra precaution you can FAX a request for hearing to (404)
624-7848. However, a fax request should not be relied upon as the
official appeal notice, since the law doesnt specifically
authorize this method of filing the appeal. We recommend using either
certified mail or personal hand delivery (with a signed receipt).
The reinstatement of your drivers license requires the payment
of a fine. You must mail the ORIGINAL certificate of completion
of sentence, the original proof of completion of the Risk
Reduction course, and a $200 reinstatement fee (cashiers check,
certified check or money order) to:
Georgia Department of Motor Vehicle
Safety
Post Office Box 80447
Conyers, GA 30013 |
(Caution: Always keep copies of these documents. Always
send it by certified U.S. mail, return receipt requested. Always
keep your postage receipt, so that you can show that it was timely
sent.)
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Note: If the certificate is presented in
person at the Department of Motor Vehicle Safety
the reinstatement fee will be $210.00. They only accept
cash, cashiers checks, certified checks, or money
orders. Lines are long, and one to three hour waits are
common.
Directions to Conyers DMVS:
From Atlanta travel I-20 East to Exit #82 Conyers/Monroe;
turn left onto Highway 138. Drive approximately 2 and
one half miles and turn right onto EastView Parkway. DMVS
is approximately .5 miles on the left. Follow signs to
driver's license parking area.
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If no fee is required, mail the ORIGINAL
certificate of completion to:
Georgia Department of Motor Vehicle
Safety
Post Office Box 80447
Conyers, GA 30013 |
The following ten Department of Public Safety
locations will handle walk-in reinstatements and conduct driving
tests for revoked drivers:
Main Office
2206 East View Parkway
Conyers, GA 30013
Dalton Patrol Post
Exam Station |
Columbus Patrol Post
Exam Station |
Macon Patrol Post
Exam Station |
Savannah Patrol Post
Exam Station |
Dublin Patrol Post
Exam Station |
Albany Patrol Post
Exam Station |
Waycross Patrol Post
Exam Station |
Gainesville Patrol Post
Exam Station |
Augusta Patrol Post
Exam Station |
In addition to these locations, Georgia ID cards and
license replacement (for misplaced or renewed licenses) may be procured
at certain Kroger locations statewide. Check your local directory.
FOR ANY QUESTIONS REGARDING THE STATUS OF YOUR
GEORGIA DRIVERS LICENSE CALL THE GEORGIA DEPARTMENT OF PUBLIC
SAFETY COMPUTERIZED INFORMATION LINE AT
404/657-9300 FROM ANY TOUCH-TONE PHONE
FOR QUESTIONS ABOUT YOUR GEORGIA DRIVING STATUS
NOT SUBJECT TO COMPUTER VERIFICATION OR RESPONSE, PLEASE CALL 404/624-7580
or 624-7849 or 624-7565
(During Business Hours)
This written material is copyrighted by William C. Head, and is
intended for use and distribution only under license agreement with
William C. Head. No copying or reproduction of this material is
permitted in any form or fashion without written permission from
William C. Head.
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