Georgia Administrative License Suspension
In the state of Georgia, driving is considered a privilege – not a right. As such, anyone who is arrested for drunk driving in Atlanta can have their license suspended by the Office of State Administrative Hearings (OSAH) without being convicted of a crime.
If you are facing an OSAH administrative license suspension in Georgia, it is essential that you take steps to defend yourself as quickly as possible. You can start by hiring an experienced DUI defense lawyer, like those here at Yeargan & Kert, LLC.
Understanding the Benefits of Working with the Yeargan & Kert, LLC, Legal Team
At Yeargan & Kert, LLC, we pride ourselves on our ability to provide high-quality legal services to the people of Atlanta. When you work with our legal team, you will benefit from our:
In-Depth Knowledge of the Law
The defense lawyers here at Yeargan & Kert, LLC, are experts in every aspect of Georgia DUI law. We have an in-depth understanding of everything from field sobriety testing to evidence suppression. When you hire us, we will use all of our knowledge and expertise to try to help you hang on to your driver’s license.
Experience in the Legal Field
At Yeargan & Kert, LLC, we have over 50 years of experience in the legal industry. During that time, we have helped countless clients get their DUI cases dismissed and avoid having their driver’s licenses administratively suspended. When you work with our experienced legal team, you can be confident that you are giving yourself a fighting chance of retaining your driving privileges.
Positive Relationship with Local Prosecutors and Judges
Having practiced criminal defense law in the city of Atlanta for so many years, the attorneys here at Yeargan & Kert, LLC, have developed positive relationships and a level of mutual respect with many local prosecutors and judges. When you hire us, we may be able to leverage these relationships to negotiate a lenient plea bargain deal or get your administrative suspension thrown out.
Are you ready to hire a Yeargan & Kert, LLC, DUI defense attorney to help you with your administrative license suspension? Then please pick up the phone and give us a call today. We would love to arrange a free consultation at our Atlanta law office to review your case and provide you with more information about how we can assist.
What is an Administrative License Suspension?
An administrative driver’s license suspension is a civil penalty that is directed by the Georgia Office of State Administrative Hearings (OSAH). These suspensions are automatically triggered in all DUI cases in which one of the following conditions are present:
- The DUI suspect refused to submit to chemical testing.
- The DUI suspect is older than 21 years of age and was found to have a blood alcohol concentration (BAC) in excess of 0.08 percent.
- The DUI suspect is younger than 21 years of age and was found to have a blood alcohol concentration (BAC) in excess of 0.02 percent.
- The DUI suspect is a commercial driver and was found to have a blood alcohol concentration (BAC) in excess of 0.04 percent.
- The DUI suspect was handed a document titled “Sworn Report of the Arresting Officer.”
In most instances, administrative driver’s license suspensions last for 12 months. However, individuals who have multiple traffic offenses on their record may lose their driving privileges for as long as 5 years.
The lawyers here at Yeargan & Kert, LLC, are experts in all facets of Georgia DUI law. If you have any additional questions about administrative license suspensions in the Peach State, please do not hesitate to reach out to us.
How to File an Appeal Against an OSAH Administrative License Suspension
When the state of Georgia wishes to administratively suspend a driver’s license, they typically send them a DDS Form 1205. Once the subject receives this document, they have 30 calendar days to appeal the decision and request a hearing.
To appeal their suspension, a driver must send a letter to the Georgia Department of Driver Services that includes information such as:
- Their name
- Their address
- Their phone number
- Their date of birth
- Their date of arrest
- Their driver’s license number
- Their grounds for appeal
This letter, along with a filing fee of $150, should then be mailed to:
Georgia Department of Driver Services
PO Box 80447
Conyers, GA 30013
Those who wish to hand-deliver their appeal can visit:
2206 East View Parkway
Conyers, GA 30013
Once the state receives notice of a valid appeal, they will schedule a hearing to determine whether or not the subject’s license should be suspended. In most cases, this hearing takes place around 45 to 90 days after the initial arrest.
The scope of administrative license suspension hearings in the state of Georgia is usually limited to issues such as:
- Whether or not the arresting officer had reasonable suspicion to stop the suspect
- Whether or not the officer had probable cause to arrest the suspect
- Whether or not the officer read the suspect their implied consent warning in a timely manner
- Whether or not the suspect refused to take a chemical test
- How the suspect’s chemical test was administered
- Whether or not the suspect requested an independent chemical test
- How the police accommodated the suspect’s request for an independent chemical test
If the presiding judge finds that the arresting officer did not follow protocol or otherwise failed to meet their statutory requirements when arresting the suspect, they are likely to rule that the license suspension should be rescinded.
An Alternative Option: Ignition Interlock Device
For many years, individuals who were set to have their license administratively suspended in Georgia could only maintain their driving privileges by requesting an appeal hearing. In 2017, however, the state introduced a second option – the ignition interlock device.
An ignition interlock device is a machine that is installed in an individual’s car to prevent them from drinking and driving. Vehicles that are fitted with this device cannot start without having the driver blow into the mouthpiece to prove that they do not have any alcohol in their system.
Individuals who choose to fit an ignition interlock device to their car instead of filing a license suspension appeal are required to keep it for at least 12 months. During that time, they are free to continue driving as normal – as long as they do not violate any additional traffic laws.
Drivers who select the ignition interlock option are typically required to pay the following fees:
- Installation: $150 – $200
- Monthly Maintenance: $75 – $100
- Removal: $200 – $300
Are you facing an administrative license suspension because of an elevated BAC or a refusal to submit to testing? Then please do not hesitate to contact the attorneys here at Yeargan & Kert, LLC, in Atlanta. We may be able to help you keep your license and stay on the road.
How to Get a Georgia Driver’s License Reinstated After an Administrative Suspension
The reinstatement process for individuals who have their license administratively suspended as part of their Georgia DUI case is heavily dependent on that person’s driving record and the reason why they lost their license.
Drivers who refused to submit to chemical testing or who have had a prior DUI conviction in the past 5 years are required to wait at least a year before applying for reinstatement. Once this time has elapsed, they must generally take the following steps before they can get back on the road:
- Pay all fines
- Participate in an alcohol treatment program
- Provide proof of SR-22 insurance
- Pay the license reinstatement fee ($200)
Individuals who do not have any prior DUIs and who submitted to chemical testing are often eligible to apply for a limited permit to drive after just 30 days of suspension. To do so, they also need to pay their fines, take part in a treatment program, provide proof of insurance, and pay a fee to the state.
Once they receive their limited license in the mail, they are permitted to drive once more. However, their travel is limited to the following locations:
- Substance abuse treatment centers
- Medical clinics and hospitals
- Community service
- DUI risk reduction classes
Their limited permit also grants them the ability to drive unlicensed family members to these same locations.
Do you need help getting your driver’s license reinstated after a DUI arrest and administrative suspension? If so, please contact the Yeargan & Kert, LLC, legal team as soon as possible. We would be more than happy to arrange a meeting at our Atlanta law offices to learn more about your situation.
Facing an Administrative License Suspension in Georgia? Contact Our Law Firm Today
Over the years, the DUI defense attorneys here at Yeargan & Kert, LLC, have helped countless Atlanta drivers avoid having their license suspended by the Office of State Administrative Hearings (OSAH). If you are facing an administrative license suspension and need someone to stand up and fight for you, please do not hesitate to give us a call or contact us online today.