A Georgia DUI arrest is a serious issue, even, and perhaps especially, for out-of-state drivers. Not only can a mere DUI arrest affect your ability to drive in Georgia, a conviction of DUI can also be reported to your home state and cause a driver’s license suspension. This article will discuss the implications of a DUI arrest and conviction for drivers licensed outside the state of Georgia.
Administrative License Suspension Upon an Arrest
The administrative license suspension (ALS) process begins when the arresting officer takes your driver’s license and issues you a “1205 Form” which acts as a 45 day driving permit upon a DUI arrest. DDS must receive a copy of the 1205 Form from law enforcement before a hearing can be scheduled or a limited driving permit can be issued.
Despite the arrest, the driver’s license is still valid until DDS receives the 1205 Form and 45 days have passed since the 1205 Form was served. The suspension is “pending” once DDS receives the 1205 form until the outcome of the administrative hearing.
There are two approaches to dealing with an administrative license suspension: (1) request a hearing to appeal the suspension; or (2) elect to install an ignition interlock device on your vehicle. DDS must receive the request for a hearing or application for an ignition interlock permit within 30 actual days (not business days) of the service of the 1205 Form.
Failure to timely file or losing an ALS hearing will cause your driving privileges in Georgia to be suspended in GA (for how long depends on whether you refused the request for a chemical test under the implied consent warning). Importantly, your home state may adopt this suspension for your out-of-state license.
Criminal Conviction Suspension
O.C.G.A. § 40-5-63 provides for the terms and conditions governing the driver’s license suspension for any person convicted of DUI. Upon the first conviction, the suspension period is for 12 months. For drivers licensed in Georgia, you can get a limited driving permit by receiving an “Affidavit of First Conviction” from the sentencing judge which will allow you to drive for certain limited purposes.
However, Georgia law only allows for the DUI suspension of a Georgia driver’s license. Therefore, technically, an out-of-state driver can only have their privilege to drive in Georgia suspended by a sentencing court.
So, to the extent a Georgia driver is able to obtain a limited driving permit, an out-of-state driver does not qualify for such permit. Furthermore, Georgia will report the suspension to authorities in your home state which may have greater license suspension penalties for DUI than Georgia.
If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.