Seeing those blue lights flashing in your rearview mirror when you know you have been drinking can be nerve-wracking. Georgia has some of the most severe DUI penalties in the nation. If arrested, there is a mandatory 24-hour jail term. But that pain does not compare to the long-term effects of getting convicted of that charge. This arrest can affect your family life, your career, and every other aspect of your life. You will have numerous court appearances and time commitments for this issue. Then, if convicted of the charge, you will have fines, probation appointments, and possible license suspension. If it is your second or third conviction, the license suspension can be several years. The Decatur DUI defense attorneys at SHElaw firm® want to give you some information on how to get your license back if this has happened to you.
How Can I Get My License Back After a First Offense DUI in Decatur, GA.?
Even a first-offense DUI can be penalized with a one-year driver’s license suspension. GA law 40-5-67.1 specifies that the police officer will take your license at the time of arrest. This will happen if you blow over a.8 BAC, or are unwilling to blow. He will give you a form 1205. This form is a 45-day temporary license replacement and instruction sheet for an appeal. The back of the 1205 form includes instructions for dealing with this suspension. You have three options outlined on the back of the form.
Accept the Suspension – Take no action.
This suspension is one full year of your driving privileges. The only people who choose this option are those who do not read the 1205, or do not consult an attorney until after the 30-day deadline has passed. This is one case where inactivity and procrastination can hurt.
Request an Ignition Interlock Device Permit or a Work/Limited Permit.
You can get an Ignition Interlock Device installed in your vehicle if you are able to get an IID permit. This device requires the driver to provide a breath sample to determine the BAC in order to start the car. The monitor requires breath samples at intervals along the drive. The implementation of this device requires initial driver’s training and monthly monitoring by an approved vendor. There are substantial fees associated with the requirement of this device. If you are unable to afford this device, you may be able to get a Work/Limited permit. This permit will allow you to drive back and forth to work, church, alcohol counseling treatment, and medical appointments. Daily logs are kept of these drives and submitted to the Probation Officer.
File for an Administrative Law Hearing
You must file for an Administrative Law Hearing within 30 days of your arrest to appeal your license suspension. The Administrative Law Hearing is not to be confused with your DUI criminal case; it only regards your license. Return the completed 1205 form with a check for $210 to request a hearing. If you win the Administrative Law Hearing appeal, your privileges will be re-activated. If you have invested in the IID permit, you will receive a refund for that amount. You can have the IID removed promptly.
How Do I Get My License Back After a Second Offense DUI In Decatur, GA?
In 2013, Georgia changed the DUI laws to stiffen penalties on repetitive offenders. If this is your 2nd DUI conviction in five years, the license suspension is 18 months to three years. You do not want to choose the A option and do nothing.
Accept the Suspension – Take no action.
This results in three full years of suspension of your driving privileges.
File for an Administrative Law Hearing
As with a first offense DUI, you must file for an Administrative Law Hearing within 30 days of your arrest to appeal your license suspension. It may be more difficult to win the hearing for second offense charges.
No limited permit or IID provision is available for the first 120 days following a second offense conviction. This hard suspension is a powerful deterrent to discourage repeat offenders. No driving for 120 days is definitely hard on most people. Surrender of the license plates of all the vehicles registered in your name is required. After 120 days, you can pursue the following options:
Apply for the Work/Limited Permit and Ignition Interlock Device.
You must have completed or enrolled in an alcohol or drug treatment program. The program will send a statement to the court, and a judge will rule on issuing a certificate for the DMV. The IID will stay in your vehicle for eight months.
Eight months after installation, you can have the IID removed. The Driver’s Permit can be renewed two times, each for six months, as long as there are no offenses.
At 18 months, you can be eligible for early reinstatement of your license. The suspension period is three years if you do not qualify for early reinstatement. The requirements are:
- Proof of an IID for eight months.
- Proof of completion by a treatment program
- A $210 reinstatement fee
What Happens to My Driver’s License After A Third DUI Conviction?
A third DUI conviction in Decatur has very severe consequences. You will be considered a felon, have expensive fines, extended jail time, and be labeled a Habitual Violator. You will lose your full driver’s privileges for five years. There is no option for a limited permit for two years. If you continue to drive as a Habitual Violator, there are additional offenses and penalties.
- A Misdemeanor Habitual Violation can happen when you have received your Limited Permit after the two-year suspended period. You will lose your privileges if caught driving to non-approved locations. You will not be eligible for the Limited Permit for the remainder of your five-year suspension.
- A Felony Habitual Violator Punishable Event occurs when you have lost your license due to three DUIs, do not have a Limited Permit, and choose to operate a vehicle. The punishment for this offense is one to five years in the State Penitentiary. You will lose your right to vote and to own a firearm.
- A Felony DUI occurs when an officer stops you driving, and you have no license or permit, and a.80 BAC. Punishable by five years in the State Penitentiary, it can severely adversely impact your life.
Contact SHElaw firm® Today if You Are Dealing With a DUI Charge
The fines, punishments, and consequences get worse and worse with each offense of DUI in Decatur. Our expert DUI attorneys at SHElaw firm® believe that avoiding that first DUI conviction can be crucial. Contact us to take advantage of our expertise, and let us win you the minimum fines and punishments. We give our clients personal attention and extensive experience. Complete our contact form or call us at 470-788-8930, so we can start working for you today.
