Georgia’s Administrative Driver’s License Suspension Law

Arrests July 1, 2001 or After

© 2007 William C. Head

By: William C. Head, Esq.
Bldg. 5
750 Hammond Dr.
Atlanta, GA 30328-5532
(404) 250-1113
facsimile: (404) 250-1494
email: wchead@drunkdrivingdefense.com

“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 State’s test. However, Georgia will seek to SUSPEND your driver’s 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 client’s 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 officer’s case.

Thirdly, the administrative case is handled before an administrative law judge who works for the Georgia Office of State Administrative Hearings. If you testify (after consulting with your attorney), this will be good practice in testifying 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 officer’s manner of testimony “in court”.

ALS SUSPENSION FOR DRIVING WITH AN UNLAWFUL BLOOD ALCOHOL LEVEL

Effective July 1, 2001, for all drivers charged with a violation of subsection “a” of the DUI code who SUBMIT to the State’s test and yield a blood alcohol result higher than 0.079% (0.080 or higher), an ADMINISTRATIVE license suspension under Georgia’s Administrative License Suspension Law (ALS) will be applicable. The arresting officer is required by Georgia law to issue a Form 1205 Notice of Administrative Suspension. Your copy of this form (usually received the night of arrest) is an 8 ½” by 11” yellow form that checks off whether you submitted to testing and yielded a result over the legal limit or REFUSED to allow testing. [Note: [0.02 is the applicable ALS level for those under 21 charged with a violation of subsection “k” and 0.04 is the applicable ALS level for commercial vehicle operators charged under subsection “i”].

Occasionally, an officer will not issue a driver this form, even when the “rules” say he or she must do so. Often, an officer will opt to not submit the form because he or she sympathized with the person arrested or because he or she does not want to have to show up for the administrative hearing IF you file a timely appeal within 10 business days. The officers only receive a $20 fee for attendance of any hearings, and this costs them either MONEY from a second job or sleep time when they are otherwise off duty.

This ADMINISTRATIVE license suspension is sometimes called a “stop & snatch” law. It is NOT part of the criminal DUI case against you. If you plead guilty or nolo contendere to DUI later, or are convicted at trial, your license MUST be suspended for one year, subject to the rights of a first offender (who is a Georgia licensee) to obtain an immediate “work permit” for the first 120 days after the conviction date. By completing the “risk reduction” [DUI] school 20 hour course, a Georgia licensee is able to mail in to DDS (via certified mail) the white (top) copy of the proof of successfully completing the school along with a $200 money order and your full license will be returned to you in the mail on the 120 th day. If you WALK it through for reinstatement, the cost is $210.

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 on an Intoxilyzer 5000 breath testing device (or from a blood test, in rare cases), 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. How this Suspension Relates to a Later CRIMINAL Conviction: If you have done this for the ADMINISTRATIVE part of your case, then if you later plead guilty (or nolo contendere) or are FOUND guilty of the DUI offense at trial, you do not have to re-take the DUI school, and no additional reinstatement fee will be required to be paid. However, by operation of State law, your Georgia license WILL BE SUSPENDED for the CRIMINAL conviction for one year. If you follow the early reinstatement process by completing the school and paying the reinstatement fee, you will receive your full license back early. The license will be returned to you in the mail on the 120 th day after conviction. However, you DO RECEIVE credit for the days you were already suspended administratively (30 days), thereby shortening the length of the “work permit” by the number of days you were under administrative suspension and returning your full, plastic license to you sooner.

(b) SECOND OFFENDERS: For persons who have one previous DUI arrest within the past 5 years (where the earlier arrest resulted in an administrative license suspension), a THREE YEAR SUSPENSION is triggered. No license and no “work” permit is allowed for ANYONE for at least 18 months. The suspension begins on the 31st day following arrest (unless an ADMINISTRATIVE appeal is sought and successfully handled). However, these “SECOND-TIME ALS violators” [within 5 years --- measured by date-of-arrest to date-of-arrest --- may attend a DUI Risk Reduction Program and pay a reinstatement fee (($200 by mail; $210 if done in person) and get their license (or privilege to drive) reinstated after 18 months.

(c) THIRD (OR SUBSEQUENT) OFFENDERS: Any person who has already had two or more prior administrative license suspensions within a FIVE YEAR time period --- measured by date-of-arrest to date-of-arrest --- may attend a DUI Risk Reduction Program and pay a reinstatement fee ($200 by mail; $210 if done in person) and get their license (or privilege to drive) reinstated after 60 months.. No “work” permit of any type is allowed for AT LEAST 24 months. The driver's license administratively suspended pursuant for a third loss of an “ALS” proceeding within 5 years shall not become valid and shall remain suspended until proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program is made and you pay the prescribed restoration fee ($200 by mail; $210 if done in person) . The driver may apply for a probationary license as allowed by Georgia Code Section 40-5-58 after the expiration of two years from the effective date of suspension.

For any ALS or “REFUSAL” administrative license suspension, the only penalty is suspension of driving privileges. For all persons who receive a proposed ADMINISTRATIVE license suspension notice, an “appeal” (request for hearing) can 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 CRIMINAL 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 at the time of conviction, 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 once Georgia has “cleared” any adverse license suspension or revocation against you.

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. 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 DDS 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 doesn’t 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 driver’s 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 (cashier’s 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.)

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, cashier’s checks, certified checks, or money orders. Lines are long, and one to three hour waits are common. Directions to Conyers DDS: 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. DDS is approximately 1/2 mile on the left. Follow signs to driver's license parking area.

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 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)

 

William C. Head, Senior Partner

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