In Georgia, if you have been charged with driving under the influence, your driver’s license could be suspended even before you appear in court due to a law called the administrative driver’s license suspension. If you have been arrested for a DUI, it is important to know how to act quickly to avoid administrative suspension and the consequences you may be facing.

When you are arrested for driving under the influence, the officer should first read the Georgia Implied Consent Notice. Then you will be asked to take a breath test, which is done with the Intoxilyzer 5000 in Georgia. If you fail the breath test, or decline to take the test, the officer will submit a report to the Department of Public Safety, and you have ten business days to request an administrative hearing. If you fail to request a hearing, your license will automatically be suspended.

If you chose to decline to take the breath test, you will face harsher consequences than if you do take the test and fail it. Not only will you be automatically disqualified from receiving a limited driving permit, which would allow you to drive to and from work, you may also be disqualified from having a hearing and lose your appeal. Depending on your record, you could face a license suspension from one to five years. The only way to have the suspension undone is to win at trial or plead to a different charge.

This is why it is extremely important that you request an administrative hearing within 10 days of getting pulled over. It may not to be late to reverse the damage brought on by declining to take the test. At best, you will be able to prevent the license suspension and keep your license.

If you took the breath test and failed, you could still be granted a limited permit if you request a license hearing within ten days. Once your limited permit expires, if you complete a DUI School course and pay a $200 fee, you may be able to get your license reinstated early. But if you do not request a license hearing within ten days, your license will be suspended for one year. So again, if you took the breath test and failed, request the administrative hearing within 10 days of the DUI!

It is incredibly important to meet all deadlines and make sure you request a hearing within ten days if you have been arrested for driving under the influence in Georgia or have declined to take a breathalyzer. I recommend speaking with an experienced attorney to help navigate you through the laws of a DUI charge in Georgia.