Posted by Jim Yeargan in on May 28, 2014
Georgia Administrative License Suspension
Please Note: Georgia Extended the 10 Business Day Time Frame to Appeal Your License Suspension to 30 Calendar Days on July 1, 2017. You Now Have 30 Calendar Days From the Date Of Your Arrest to Appeal the Pending Suspension Of Your Driver’s License.
The Georgia administrative license suspension (ALS) is an entirely different suspension from the one you’re facing because of the DUI charge. The Georgia administrative license suspension heasring is a civil hearing conducted by the Office of State Administrative Hearings (OSHA). If you refused to take the State’s chemical test, or your test results were at .08 grams or higher on the state chemical tests, the arresting officer is required to contact the Department of Drivers Services to begin the administrative suspension. You must act quickly because this suspension can occur before you go to court. Get help today by contacting an Atlanta DUI lawyer at Yeargan & Kert, LLC.
If you either refused to take the State’s chemical test, or you did take the chemical test and the results were at .08 grams or higher, then you have 30 calendar days to request an administrative hearing. This is known as “The 30 Day Rule.”
If you refused the State’s test, and do not request a hearing within 30 calendar days, then on the 31st day after your arrest your license will be administratively suspended. The administrative suspension for a refusing to take the State’s chemical test will be anywhere between 1 and 5 years based on your driving record. There is no limited driving permit for a refusal suspension (even if you request a hearing and lose). Any suspension time based on this type suspension may be credited toward the DUI suspension if you plead guilty or are convicted of the DUI.
If you took the State’s test and the results were .08 grams or higher, and you do not request a hearing within 30 calendar days, then on the 31st day after your arrest your driver’s license will be administratively suspended for one year if this is your first offense. However, you may obtain a 30 day limited driving permit for work. After 30 days, you may reinstate your license after completing a DUI Alcohol/Drug Use Reduction Program, and paying a $210 restoration fee ($200 if restoration is processed by mail). Any suspension time based on this type of Georgia administrative license suspension may be credited toward the DUI suspension if you plead guilty or are convicted of the DUI.
If this is your second offense in a 5 year period as measured from date of arrest to date of arrest, and your chemical test result was .08 grams or higher, your license will be suspended for 3 years. The laws pertaining to this type of suspension changed on January 1, 2013, and need to be discussed with an attorney as limited driving permits may be available to individuals who go under this type of suspension.
If this is your third offense, and your license is administratively suspended based on a chemical test of .08 grams or higher, your license will be suspended for 5 years. There is no limited driving permit for this suspension.
You must request an administrative hearing within 30 calendar days if:
- You refused to take the State’s chemical test.
- You tried to take the State’s chemical test, but they said you refused.
- You’re not sure what your blood alcohol level was?
- You’re 21 years of age or older, you took the State’s chemical test, and the result is .08 or higher.
- You’re under 21 years of age, you took the State’s chemical test, and the result is .02 or higher.
- You were driving a commercial vehicle, you took the State’s chemical test, and the result is .04 or higher.
- You were given a yellow piece of paper entitled “Sworn Report of the Arresting Officer.”
If any 1 of these 7 scenarios applies to your case you must request an administrative hearing within 30 calendar days of your arrest, or your drivers license will be suspended.
Filling An Appeal
Your appeal of the Georgia administrative license suspension to the Department of Driver’s Services must be filed within 30 days of your arrest, or your license will be administratively suspended. Your appeal must include basic driver information such as your name, address, date of birth, license number, and phone number), and a personal check, money order, or certified funds for $150 made payable to the “Georgia Department of Driver Services.” Your letter must also state your grounds for appeal. Every appeal is different, and will set forth different offenses. In order to insure your letter outlines all of your grounds and defenses the help of an attorney is needed.
Once completed, your letter may be:
Hand delivered to:
2206 East View Parkway Conyers
If you hand deliver your letter be sure to get a receipt for delivery, or
Sent by certified mail to:
Georgia Department of Motor Vehicle Safety
P.O. Box 80447
Conyers, Georgia 30013
This letter must be postmarked within 30 calendar days of your arrest. Further, be sure to send the letter certified mail, and request a return receipt. Never send anything without making copies of the original for your files, and all communications should be sent certified mail with a return receipt requested.
For extra protection you may also Fax your appeal letter to (404) 624-7848. A Fax alone is not adequate notice for your appeal. You should ALWAYS hand deliver or send your appeal letter by certified mail, with return receipt requested, to the Georgia Department of Motor Vehicle Safety.
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