If you are arrested for a DUI in Georgia, your driver’s license is at immediate risk of suspension. Attorney Simon Peed is here to guide you through the process and help protect your driving privileges.
License Suspension Process After a DUI Arrest
If you blow a BAC of .08 or higher or refuse a breath test, your license will be confiscated, and you’ll receive a Notice of Suspension, which acts as a temporary license. From the time of your arrest, you have only 30 days to file an appeal to challenge the suspension. If no appeal is filed within this period, your license will be suspended automatically on the 46th day following your arrest.
Georgia Drivers Arrested in Another State
Even if your DUI arrest occurs outside Georgia, the State of Georgia can still suspend your license. Once reported, you’ll face similar deadlines and processes to challenge the suspension. Attorney Simon Peed can represent you to navigate these complexities.
Filing the Suspension Appeal
Attorney Simon Peed will handle your suspension appeal, ensuring that your case is properly presented at an Administrative License Suspension (ALS) hearing. These hearings are adversarial, meaning the State will be represented by an attorney. To stand the best chance, you should also have experienced representation.
What the State Must Prove
At the ALS hearing, the State must demonstrate:
- The officer had reasonable suspicion to believe you were driving or in control of a vehicle while under the influence.
- You were informed of Georgia’s Implied Consent Law.
- You either refused the test or registered a BAC of .08 or higher.
- The tests were administered properly, using certified equipment operated by a qualified individual.
If the judge determines that any of these elements are not met, your driving privileges will be restored, and the suspension lifted.
