Following a DUI conviction, the State of Georgia has authority to suspend/ revoke the driver’s license of the accused. However, the length of the suspension/ revocation depends on his/her past criminal history. In Georgia, the Department of Driver’s Services determines the duration of a license suspension/ revocation by looking at the past 5 years of criminal history.
For a first DUI conviction in the last 5 years, the maximum license suspension is 12 months. However, if a Risk Reduction course, or otherwise known as DUI School, is completed and a reinstatement fee is paid, the license of the accused may be reinstated after 120 days. During this period, the accused may be eligible to apply for a limited driving permit for the duration of the suspension if he/she is 21 years or older and prior to the suspension he/she validly held a Georgia driver’s license.
However, if the driver’s license of the accused was suspended after the arrest for the same offense that he/she was convicted of, because either (1) he/she did not install an interlock device within 30 days of arrest; (2) failed to appeal the driver’s suspension within 30 days of arrest; or (3) did appeal the license suspension within the deadline, but subsequently, lost the appeal, then the accused will be ineligible for a limited permit following his/her DUI conviction.
Furthermore, if the accused was convicted of DUI Drugs instead of DUI Alcohol, no limited permit is available. The entire suspension must be completed in order to reinstate his/her driver’s license.
Alternatively, for a second DUI conviction in the last 5 years, the consequences will include at least an 18-month license suspension. However, the license suspension can be prolonged for 3 years if certain conditions are not met. During this period, there is a hard suspension of 120 days where no limited permit is available. However, after this term has been completed, the accused may be granted a limited permit if he/she installs an interlock device in their vehicle for a minimum period of 8 months. If the interlock device was maintained properly for the full 8 months and a reinstatement fee is paid, he/she may be eligible for early reinstatement, contingent on whether any other conditions, which may be required, are completed. However, even if the accused failed to install an interlock device, he/she would still be eligible for a limited driving permit after he/she has successfully completed 18 months of the suspension.
Finally, for a third DUI conviction in the last 5 years, the consequences include a 5-year license revocation. In these cases, there is a 2-year hard revocation period, which otherwise means that there is no availability for a limited permit during that period. However, after two years, the accused may apply for a probationary license for the remainder of the revocation period.
At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI conviction, including a license suspension or revocation. Our attorneys are knowledgeable about all possible options for our clients dealing with a pending DUI charge. Therefore, if you have been recently arrested for a DUI or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.