10 Day License Suspension Warning

If you are arrested for drunk driving and refuse to take a blood alcohol content (BAC) test, or if your BAC result is .10 or higher, you are facing an administrative license suspension. You may appeal this suspension but you have only 10 business days to do so. If you do not appeal the suspension within 10 days you lose all rights to an appeal, and your license will be suspended automatically.

You can file the appeal yourself or contact our office and we can prepare and file an appeal for you. Once you file the appeal the Department of Public Safety (DPS) will notify you of a hearing date at which time you will appear before an officer with DPS. The hearing officer will listen to the arresting officer's testimony and your testimony, then decide whether or not your license will be suspended.

The following information outlines the different penalties:

SUMMARY OF GEORGIA'S ADMINISTRATIVE DRIVER'S LICENSE SUSPENSION LAW

"REFUSAL" PENALTIES

Georgia, like every other state, has an administrative (non-criminal) 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 State's test. However, Georgia will seek to SUSPEND your driver's license (for those licensed to drive by the State of Georgia) or 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.

ALS SUSPENSION FOR DRIVING WITH AN UNLAWFUL BLOOD ALCOHOL LEVEL

All drivers who SUBMIT to the State's test and yield a blood alcohol result 0.080 or higher, a suspension under Georgia's Administrative License Suspension Law (ALS) will be applicable. [.02 is the applicable ALS level for those under 21 and .04 for commercial vehicle operators]. 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 Georgia's 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.

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 reckless driving, or a traffic offense). Any "win" will result in the administrative suspension being LIFTED or "rescinded". If available, a nolo contendere plea also results in the administrative suspension being lifted and the license (or privilege to drive in Georgia) being reinstated. 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 attorney's assistance is needed.

Upon the completion of the WRITTEN appeal, it should be:

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

Drivers License Section, MVR Unit, PO Box 80447, Conyers, GA 30013

If the reinstatement of your driver's license requires 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 (cashier's check, certified check or money order) to:

Drivers License Section, MVR Unit, PO 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.)

Note: If the certificate is presented in person at the DMV the reinstatement fee will be $210.00. They only accept cash, cashier's checks, certified checks, or money orders. Lines are long, and one to three hour waits are common.

If no fee is required, mail the ORIGINAL certificate of completion to:

Drivers License Section, MVR Unit, PO Box 80447, Conyers, GA 30013

The following ten Department of Public Safety locations will handle walk-in reinstatements:

Main Office
State Patrol Headquarters
959 East Confederate Avenue
Atlanta, GA 30315

FOR ANY QUESTIONS REGARDING THE STATUS OF YOUR GEORGIA DRIVER'S 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