Your License After a DUI Arrest
Being arrested for DUI in Georgia doesn’t just mean facing criminal charges—it can also mean losing your ability to legally drive, sometimes within days of the arrest. Many people are surprised to learn that even before a conviction, their driver’s license can be suspended. Georgia’s DUI laws are strict, and understanding how the administrative license suspension process works is critical for anyone accused of driving under the influence.
Under Georgia’s “implied consent” law, by driving on Georgia roads, you’ve already agreed to submit to chemical testing if an officer has probable cause to believe you were driving under the influence. If you refuse to give a blood, breath, or urine sample after being read the implied consent notice, your license can be suspended for one year—with no eligibility for a limited driving permit.
This is a hard suspension, meaning you cannot legally drive at all for the duration of that year unless you win an appeal at the administrative level or opt to drive with an Interlock Device, either route secured within 30 days of receiving the DDS 1205 form.
Even if you agree to a blood or breath test, your license can still be suspended. If your blood alcohol concentration (BAC) is 0.08% or higher (or 0.02% for drivers under 21, or 0.04% for commercial drivers), the Georgia Department of Driver Services (DDS) may suspend your license for up to one year. First-time offenders may be eligible for a limited driving permit, but only if they act quickly to protect their rights.
An Administrative License Suspension (ALS) hearing is your opportunity to challenge the suspension of your driver’s license, whether based on a refusal or because of a BAC above the legal limit. You must request this hearing within 30 days of your arrest—otherwise, the suspension automatically goes into effect.
At the ALS hearing, an administrative law judge will determine whether the officer had reasonable grounds to arrest you, whether you were properly advised of your implied consent rights, and whether you refused testing or tested above the legal limit. This hearing is separate from your criminal case, and it’s one of the few chances you’ll have to keep your license before trial.
At the ALS hearing, there are a few potential outcomes:
- Suspension Upheld: Your license is suspended for the applicable time period.
- Suspension Overturned: You retain your license while your criminal case proceeds.
- Withdrawal by Officer: Sometimes, the arresting officer fails to appear or chooses to withdraw the suspension, which results in no administrative penalty.
Winning your ALS hearing can significantly reduce the pressure on your case. It allows you to continue driving legally while you and your attorney prepare a defense.
If you’re facing a license suspension for refusing a chemical test, you may be eligible to install an ignition interlock device (IID) instead of appealing the license suspension through an ALS hearing. This option must also be exercised within 30 days of arrest. The IID is a breathalyzer installed in your vehicle that prevents it from starting unless you provide an alcohol-free breath sample.
Choosing the IID path means:
- Your license is limited, not fully suspended.
- You can legally drive for work, school, and other essential functions.
- You must have the device installed and monitored for at least 12 months.
This option is only available to certain drivers who are legal Georgia license holders, are 21 years of age or older, have no prior DUI convictions or ALS suspensions, have not been involved in an accident involving serious injury or death, and apply within 30 days of receiving the DDS 1205 form.
A DUI arrest in Georgia starts a ticking clock. You have 30 days to act—whether by requesting an ALS hearing or applying for an ignition interlock permit. Missing that window could mean up to a year without the ability to drive legally.
The best way to protect your license is to contact a criminal defense attorney immediately after your arrest. An experienced DUI lawyer can help you evaluate your options, represent you at the ALS hearing, and guide you through both the administrative and criminal consequences of the charge.
Your driver’s license is too important to risk. Don’t wait—take action, protect your rights, and fight back against unnecessary suspension.