DUI Cases And Driver's License Suspensions
Criminal Vs. Administrative Suspensions
First, it is important to distinguish the different ways that your driver's license can be suspended. It can be suspended administratively, or it can be suspended as a result of a plea of guilty or a conviction in the DUI criminal case.
Administrative Suspensions
If a driver has been arrested for DUI and read the Georgia Implied Consent Notice for chemical testing, his driver's license is subject to suspension in the following cases:
- If the person blew over 0.08 by a person 21 years of age or older operating a non-commercial vehicle;
- If the person blew over 0.02 by a person under 21 years of age;
- If the person blew over a 0.04 while operating a commercial motor vehicle;
- If a subsequent blood/urine test result shows a blood alcohol (BAC) level above the legal limit for the case or the presence of illegal drugs; or
- If the person refuses the State test after being read the proper Implied Consent Warning (ICW)
DDS 1205 Notice
At the time the officer takes the license, he should issue and serve upon the person a DDS 1205 notice. This gives the person notice of the impending suspension of the driver's license and their rights to contest the suspension.
The Administrative License Suspension (ALS) Hearing
This hearing is an opportunity to contest the suspension and gather evidence about the criminal case. If the driver does nothing, or the license suspension is upheld at the ALS hearing, the driver's license will be administratively suspended, even if the criminal DUI case is still pending.
Suspension Periods
Driver Refuses Chemical Testing
For those drivers who refuse chemical testing, Georgia Code 40-5-67.1 provides the following administrative license suspension periods:
- driver is under 21 years of age: 1-year hard suspension if driver refused chemical testing;
- driver is 21 years of age or older: 1-year hard suspension if driver refused chemical testing; and
- CDL driver: disqualification of CDL license if driver refused chemical testing.
Driver Submits To Chemical Testing
Georgia Code 40-5-67.2 provides the applicable administrative suspension periods for those drivers who submit to chemical testing. The following chemical test result limits apply:
- 0.02 grams or more of alcohol for drivers under 21 years of age;
- 0.08 grams or more of alcohol for drivers who are 21 years of age or older; and
- 0.04 grams or more of alcohol for CDL drivers.
If a driver submits to chemical testing, the administrative suspension periods are:
- Upon the first suspension within the previous five years the period of suspension shall be for one year; however not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her driver's license;
- Upon the second suspension within the previous five years, the period of suspension shall be for three years; however, the person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension; and
- Upon the third or subsequent suspension within the previous five years; however, the driver may apply for a probationary license after the expiration of two years from the effective date of suspension.
If a CDL driver submits to chemical testing and the results are 0.04 grams or more of alcohol, his CDL license shall be suspended for a minimum period of one year.
Suspensions As A Result Of A DUI Conviction
It is critical to note that in the context of DUI sentencing and DUI license suspensions, a plea of nolo contendere (otherwise known as "no contest") shall be considered to be the same thing as a conviction.
Convictions For DUIs Related To Alcohol
Georgia Code 40-5-63 states that the driver's license of any person convicted of DUI (except for drug-related DUIs) shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
- Upon the first conviction of any such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be 12 months; however, at the end of 120 days, the person may apply to the department for early reinstatement of his or her driver's license;
- Upon the second conviction of any such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be three years; however, the person shall be eligible to apply for license reinstatement after 18 months;
- Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such license shall be revoked as provided for in paragraphs (1) through (3) of subsection (a) of Georgia Code 40-5-62. Normally, the period of revocation in this type of case will be for a period of five years.
Convictions For DUIs Related To Drugs
Georgia Code 40-5-75 states that the driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
- Upon the first conviction of any such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days; however, at the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license;
- Upon the second conviction of any such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years; however, after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license; and
- Upon the third or subsequent conviction of any such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Georgia Code 40-5-58. Normally, the period of revocation in this type of case will be for a period of five years.