O.C.G.A. § 40-5-67.1 provides for the suspension of driver’s license through what is known is referred to as an Administrative License Suspension (hereinafter, referred to as the “ALS”) hearing.  This hearing is separate from the criminal case, which is or will be pending in a probate, municipal, state, or superior court.  The ALS is conducted by the Office of State Administrative Hearings before a judge which is called an administrative law judge (hereinafter, referred to as “ALJ”).  The ALS is separate from the criminal proceedings.  However, the attorney that you choose to represent you in your DUI case MUST understand that the ALS can and often does control the outcome of your criminal case.  Your attorney must how the ALS process functions and he must understand the interplay of the ALS with your criminal DUI case.   

For many, if not most, of our clients, their primary concern is the impact of their DUI charge upon their license to drive.  Without their driver’s license, most of our clients would lose their jobs.  We understand your concern, and therefore, we have undertaken to explain the ALS process because no single part of your DUI case more directly addresses your license to drive than the ALS hearing.   

Under O.C.G.A. § 40-5-67.2 the first suspension under O.C.G.A. § 40-5-67.1 within the previous 5 years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one (1) year.  However, 30 days after the effective date of the suspension, the person may have their license reinstated by the Department of Driver Services if he/she submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 ($200.00 through the mail).   

So, you are probably wondering: How am I am supposed to get to work during the 30-day period prior to when I am eligible for the full reinstatement of my license to drive?  O.C.G.A. § 40-5-67.2 specifically addresses and provides relief for defendants facing a license suspension for the 1st time in 5 years.  A driver with no previous conviction for a violation of O.C.G.A. § 40-6-391 within the previous 5 years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under O.C.G.A. §§ 40-5-67.1 and 40-5-67.2 shall be entitled to a limited driving permit as provided in O.C.G.A. § 40-5-64.  Under O.C.G.A. § 40-5-64, upon payment of a $25.00 fee, the driver shall be entitled to a limited permit for 30 days after an ALS.   

Attorneys Sean McIlhinney and Ben Sessions are DUI attorneys knowledgeable in navigating the often confusing rules governing the Georgia ALS process.  If you are concerned about the impact of your DUI charge upon your license to drive or if you have other questions about your DUI case, contact our office today to schedule a FREE CONSULTATION.