In Georgia, if you are arrested for a DUI you can receive what’s called an administrative drivers license suspension. What this means is, if you are pulled over for a DUI in Georgia, at the time of your arrest two things should happen:
- Your arresting officer should read to you the Georgia Implied Consent Notice when you are being arrested.
- Your arresting officer should request that you take at least one state-administered chemical test to see if you are over the legal limit for blood alcohol concentration (BAC).
After these two things happen, you have a choice. While it is unadvisable to refuse a state administered chemical test because you run the risk of losing your license for a year, you should know what to do if you refuse the test.
What Happens After You Refuse or Fail a BAC Test in Georgia
All states have different rules for DUI cases. In Georgia, if you refuse or fail a BAC test, then your arresting officer is obligated to submit a sworn report that starts an administrative license suspension hearing. This is not associated with your criminal trial. This is a trial conducted by the Office of State Administrative Hearings (OSAH).
After this happens, you have ten business days to request an administrative hearing. This does not count weekends, state holidays, or the day that you were arrested—just ten days after your arrest. Failure to request a hearing will result in a variety of consequences.
Consequences for Not Requesting an Administrative Hearing After a DUI Arrest
If an officer does as she or he is supposed to and submits a sworn report to start an administrative license suspension hearing, and if you do not request a hearing in ten days, then 31 days after you were arrested your license will immediately be suspended for one to five years. The amount of time that your license is suspended depends on your current driving record.
There is never a reason for not requesting an administrative hearing. When you hire a DUI attorney to help you with your case, there is still a chance that you will keep your license. If you do not do so, then your license will automatically be taken away without the chance to state your case in a hearing. There are many factors in a DUI case that the average person may not think about. An experienced DUI attorney knows what to look for in a DUI case and may be able to help you keep you from getting an administrative drivers license suspension.
If you or somebody you know has been convicted of a DUI in the Alpharetta area, you should contact a DUI lawyer immediately. An experienced Georgia DUI lawyer may be able to keep you from losing your license and or going to jail. Call the Law Office of Scott Miller if you have any questions regarding your DUI case. You can reach us at 770-408-1001. Attorney Scott Miller is an experienced DUI lawyer who knows the DUI laws of Georgia and can work to get the best possible outcome for your DUI case.