In many instances, drivers charged with Driving Under the Influence not only face suspension of their license based on any criminal conviction that may occur, but also administratively, as a result of an administrative license suspension hearing (discussed in more detail below).

Administrative License Suspension and 10-Day Rule:

If you are charged with DUI Per Se, or refuse to take the State administered chemical test of your blood, breath, or urine upon request by a police officer (because of the consequences defined by the Implied Consent laws in Georgia), the officer is required by law to submit paperwork to the Department of Public Safety that petitions for license to be suspended administratively.  This paperwork initiates an administrative license suspension (ALS) hearing which is run by OSAH, the Office of State Administrative Hearings.  This proceeding is separate and distinct from the criminal charges you face upon arrest, but also subjects you to license suspension.

Keep in mind: You are not automatically guaranteed this hearing.  In fact, you only have 10 DAYS from the date of your arrest to request an administrative hearing, and if you do not, your license will be administratively suspended as a matter of law after thirty (30) days.

If you refuse to submit to chemical testing, fail to request a hearing in a timely manner, and your license is suspended administratively, it does not matter if you ultimately take your case to trial and win, or plead or are found guilty of an offense other than DUI (such as Reckless Driving)…your license will be suspended for one (1) to five (5) years, depending on your criminal record, and you will not be eligible for any limited hardship driving permits.

First DUI:

If you submit to the chemical testing of your blood, breath or urine as requested by the police officer upon arrest for your first DUI, and request an administrative hearing within 10 days but lose the hearing, you are eligible for a limited permit to drive for work, and based on the completion of certain conditions, potential early reinstatement of your driving privileges.   The same is true if you submit to chemical testing but do not request an administrative hearing in a timely manner.

Second and Subsequent DUIs:

If you do not request an administrative hearing in a timely manner, or you do request the hearing in a timely manner but lose, you are not eligible for any limited hardship permits to drive.  Depending on how many DUI convictions you have on your record, you face at least a three (3) year license suspension.

Because the clock starts ticking on any DUI charge immediately, and because the penalties can be imposed almost immediately as well, it is important to contact an attorney immediately to discuss the particulars of your case.  Georgia DUI law is complicated, and requires careful navigation and attention. It is highly recommended, therefore, that you hire an experienced attorney at Horlick Law Firm to help you through this process.

The three (3) Implied Consent warnings in Georgia refer to Drivers Over 21, Drivers Under 21, and Commercial Driver’s License holders.  After a driver has been arrested for Driving Under the Influence (DUI), the officer will read him or her an Implied Consent warning from an orange card.

By the time the implied consent warnings are read to many people charged with DUI, they are already under arrest. Many feel that they have already submitted to all the Field Sobriety Tests and questioning that the officer has asked of them, and have still been arrested, so “why should they comply with the officer’s request any more?”

While this is an understandable position, and drivers licensed in the State of Georgia do have the right to refuse this testing, they should be aware of the consequences of doing so.  This is what the reading of the Implied Consent notice is meant to accomplish.

Drivers must be aware that, as unfair as it may seem, if they refuse to submit to such chemical testing after the proper Implied Consent warning has been read, the law imposes some harsh consequences.  If a driver refuses such chemical testing, he or she will be face an administrative license suspension, separate from his or her criminal proceeding, and face a mandatory suspension of driving privileges for at least one (1) year as a result. In many cases, you have ONLY 10 DAYS to respond and request this hearing, or your license will be automatically suspended!

If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.

• Georgia DUI Resources and Statutes

• DUI Law Terms and Definitions

Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record.  While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.

• Do you “need” a lawyer to handle your DUI?
• DUI effects on Car Insurance
• What happens when you get stopped for Drunk Driving?
• How does a DUI conviction affect your record?

If you are charged with a DUI in Georgia, you face criminal penalties and license suspension, and you may only have days to act or you will lose your license -automatically. Contact a lawyer immediately to discuss your case and your options.

If you are convicted of Driving Under the Influence (DUI) for drugs or alcohol in any municipality or county in the State of Georgia, depending on the facts and circumstances of your particular case, you face a suspension of your driver’s license for as little as six (6) months and as as much as five (5) years.

If your Blood Alcohol Content (BAC) is at or above the legal limit (as defined by your age or driving class), or you refuse to submit to the state-requested chemical testing, you also face the administrative suspension of your driver’s license for at least one (1) year.  The arresting officer will submit a petition for suspension to the Department of Public Safety, and if you do not request a hearing within 10 days, your license will be automatically, administratively suspended after 30 days.

This suspension is separate and distinct from the suspension you face upon conviction in the criminal court for DUI, and only in certain instances can you receive credit for the time you may be suspended administratively when it comes to the suspension you face  criminally.

In some circumstances, you may be eligible for a limited work permit, and/or early reinstatement of your license, but in others you are not.  DUI law in Georgia is complicated, and the consequences depend on your age, the class of your license, the specific circumstances of your case, and your criminal history.

Please refer to the other sections of this website for a more thorough explanation of the laws and potential penalties for DUI conviction in the state of Georgia, as they vary based on your particular situation.

You may have no criminal history at all.  You may have a prior DUI. You may be charged with DUI and be under the age of 21.  You may have a Commercial Drivers License.  You may have submitted to the state-requested chemical testing.  You may not have.  You may have been charged with DUI while a child aged 14 or under was in the vehicle.  You may be on probation.   No two scenarious are alike.

Horlick Law Firm can address all of your concerns, answer all of your questions, and help you through this stressful process.  In order to know exactly what consequences you face, and what any potential defenses and penalties are, contact Horlick Law Firm immediately for a free case evaluation and consultation.