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Home >> DUI
>> Implied Consent
ATLANTA DUI ATTORNEY
Why can my license to drive be suspended administratively
and again if I am convicted of DUI in Atlanta?
This is a good question. Georgia law thinks
of driving as a privilege and not a right. On
the administrative end, the law provides the
DDS may take your license (remember they look
at it as a privilege which they are revoking)
if there is a showing that you were more likely
than not driving under the influence (DUI).
This standard is much lower than in a criminal
case where the standard of proof is beyond a
reasonable doubt. On the criminal end, if you
are convicted of a DUI, the legislature has deemed
suspension of your license to be punishment for
DUI.
This
informational will only address the administrative
portion§.
If you requested a hearing, the DDS will send
you and your Atlanta DUI attorney a notice of
a hearing date, time and location. The officer
who stopped you is required to testify in front
of an administrative law judge in Atlanta. The
scope of the hearing is limited to the following
(A) Whether the law enforcement officer had
reasonable grounds to believe the person was
driving or in actual physical control of a moving
motor vehicle while under the influence (DUI)
of alcohol or a controlled substance and was
lawfully placed under arrest for violating Code
Section 40-6-391; or
(B) Whether the person was involved in a motor
vehicle accident or collision resulting in serious
injury or fatality; and
(C) Whether at the time of the request for the
test or tests the officer informed the person
of the person's implied consent rights and the
consequence of submitting or refusing to submit
to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests were administered
and the results indicated an alcohol concentration
of 0.08 grams or more or, for a person under the
age of 21, an alcohol concentration of 0.02 grams
or more or, for a person operating or having actual
physical control of a commercial motor vehicle,
an alcohol concentration of 0.04 grams or more;
and
(F) Whether the test or tests were properly administered
by an individual possessing a valid permit issued
by the Division of Forensic Sciences of the Georgia
Bureau of Investigation on an instrument approved
by the Division of Forensic Sciences or a test
conducted by the Division of Forensic Sciences,
including whether the machine at the time of the
test was operated with all its electronic and
operating components prescribed by its manufacturer
properly attached and in good working order, which
shall be required. A copy of the operator's permit
showing that the operator has been trained on
the particular type of instrument used and one
of the original copies of the test results or,
where the test is performed by the Division of
Forensic Sciences, a copy of the crime lab report
shall satisfy the requirements of this subparagraph.
If the judge believes the officer legally satisfied
the aforementioned requirements, your license
shall be suspended.
Refusal to take the requested BAC test (and
lose the ALS hearing):
If you refused to take the State’s breath
test for your DUI, your license/privilege to
drive in Georgia shall be suspended for one year.
You will not be elidgible for a temporary/limited
driving permit. The suspension ages off at the
end of 1 year.
You took the requested test, and your breath/blood
results were over .08 (and lose the ALS hearing):
Your license/privilege to drive will be suspended
for 1 year; however, after 30 days from the effective
date of suspension, you may apply for reinstatement
of his/her license, provided you do the following:
1. Submit an original certificate of completion
of an approved DUI Alcohol/Drug Use Risk Reduction
Program;
2. Remit a $210.00 restoration
fee (or $200.00 if reinstatement is processed
by mail).
This suspension will not age off, but will remain
active until you have completed the requirements
listed above.
Note: Suspension time pursuant to an Administrative
License Suspension pursuant to O.C.G.A. §40-5-67.1
shall be counted toward fulfillment of any period
of suspension subsequently imposed as a result
of a conviction of violating O.C.G.A. §40-6-391
which arises out of the same violation for which
the Administrative License Suspension was imposed.
O.C.G.A. Code Section 40-5-67.2(b).
Note: In the event you are acquitted in a criminal
trial or such DUI charge is initially disposed
of other than by a conviction or plea of nolo
contendere, then the suspension shall be terminated
and deleted from the driver's license record.
More DUI Information
Our DUI Law offices are
located at:
2060 Equitable Building
100 Peachtree Street
Atlanta, Georgia 30303
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