Following a DUI arrest, the State of Georgia has authority to suspend the driver’s license of the accused in a civil proceeding, which is separate from the criminal case, if one of the following occurs:
- After the accused has been arrested, the officer on the scene read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine his/her blood alcohol content; OR
- The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.
At this time, the accused has a few options. He/she can either appeal the license suspension or install an interlock device in his/her vehicle for the duration of the suspension. However, in this blog we will solely discuss the latter.
If the DUI arrest mirrored the situation described above in subsection (1), the accused has 30 days from the arrest to install an interlock device in their vehicle AND apply for an interlock device permit with the Georgia Department of Driver Services. The installation of the interlock device must be installed PRIOR to applying for the permit and it must be installed for a period of 12 months. In Georgia, this has become a viable alternative to a license suspension if the accused after a DUI arrest has refused to comply with a breath, blood, or urine sample.
However, not everyone who is arrested with a DUI will be eligible to install an interlock device in their vehicle as an alternative to a license suspension. The following must pertain to the accused in order for the accused to be eligible to install an interlock device in their vehicle:
- Must have a Georgia driver’s license;
- Be 21 years or older;
- Have no other active license revocations or suspensions; and
- No previous DUI convictions in the last five years.
Additionally, if the accused meets any of the following criteria, he/she is not eligible for an interlock device:
- Drivers with out-of-state licenses;
- Drivers with an ALS suspension in the previous five years;
- Drivers whose DUI case involved an accident with serious injury or death;
- CDL drivers, unless the license is downgraded to non-commercial during the suspension.
At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI arrest, including the possibility of a license suspension. Therefore, our attorneys are knowledgeable about all possible options for our clients and we work tirelessly to advocate for them. Therefore, if you have been arrested for a DUI and are potentially facing a license suspension, please call our office today at 404-581-0999 for a free consultation.