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What Happens to My Drivers License After DUI Arrest?


Chances are that if you have been arrested for a DUI, your driver's license was taken by the arresting officer and not given back. This is true even if you have an out-of-state drivers license. So, what happens to your license and how do you get it back from Georgia?

Cops in Georgia are trained to confiscate your license after a DUI charge has been filed. This means when you do bond out of jail, your license will usually be gone. Under Georgia laws, you are facing two separate and distinct types of license suspensions for DUI charges- an administrate or implied consent suspension and a second suspension if you plead or are convicted of a DUI.

1st type- Georgia Administrative Suspension for DUI

If you test over the limit or refuse testing, the officer should have given you a form with your belongings that explains your appeal rights and contains information about your DUI. This 1205 form initiates the administrative suspension against your license when it is sent in to the Georgia Dept. of Driver Services. Your actual license should be attached to this form and sent in as well. You will never see your same license back again; apparently they get shredded by Georgia. Your 1205 Form will serve as your temporary license while you wait on your administrative hearing.

At your administrative hearing, your lawyer will negotiate with the arresting officer for the return of your license. If unable to reach an agreement, you can also have a hearing about whether or not your license will be suspended. You will want to hire a lawyer will in advance of this hearing. Even on a first lifetime DUI, your license maybe suspended from anywhere between 30 days and 12 months, and you may or may not be entitled to a permit during your suspension.

2nd type- Georgia DUI Suspension if found Guilty

The second license suspension in a DUI case comes if you are convicted or plead to a DUI. On a first DUI, the suspension will range from 4 to 12 months and you will generally be eligible for a limited driving permit. Remember, limited permits are just that: limited. Work, school, medical and court obligations are about all a limited permit is good for.

If you have been arrested for a DUI and need to get your license back, call us today to go over your case and determine the best way to get you driving again. Both of our lawyers challenge DUI license suspensions and we know what it takes to win your license case. We can be reached directly by phone at 770 676 1340. Mention this blog post and we will help you file your driver's license appeal with the state at no charge.

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