Law Office of Paul W. Hamilton

What Happens Immediately Following A DUI Arrest In Georgia?


The first thing that should be done, after a DUI arrest, is to take a deep breath and don’t panic. The next thing that should be done is to seek out an attorney and talk to them about your case. Talking to the attorney can help you understand what the process is going to be from that point forward.

Another good thing to have with you is a clear idea of what your driving history is and any other previous DUIs that you might have. The attorney that you meet with would definitely benefit from that information. For the most part, making sure that you remain calm and consulting an attorney are two of the very first things you should do after being arrested for DUI.

What Are The Mistakes People Make In The First 30 Days Following A DUI Arrest?

In some cases, people immediately go in and plead guilty to the DUI, which can often be a mistake. Without having someone review your case and taking a look at it, you won’t know whether it is a solid DUI case or not. The other common mistake that we see in Georgia is if you are arrested for DUI, in almost 70% of the cases there is also an administrative license suspension that occurs.

In order to have a hearing to determine whether your license should be administratively suspended, you have to request that hearing within 10 business days. This doesn’t leave much time to make that request, which must be sent in with a $150 administrative hearing fee. Those are the two possible mistakes that people make: not requesting that administrative license suspension hearing and immediately pleading guilty to the DUI.

Upon A DUI Arrest, If An Officer Confiscates My Driver’s License, What Should I Do Next?

Generally, an administrative license suspension has been submitted if the driver’s license has been taken from the individual that was arrested. In order to get your license fully reinstated without any consequences, you’ll have to have that DUI reduced to a lesser charge or be found not guilty of that DUI. You will have to submit a request for the administrative license suspension hearing; and then if you are successful at that hearing, you could get your license back pending the resolution of the criminal case. If you are ultimately found guilty of DUI, there are suspensions that go along with that, and generally, you have to serve the suspension period and then pay a reinstatement fee to get your license back.

Are People Generally Warned About The 10-Day Limit for Requesting The Administrative Hearing By The Police Officer?

The officer should issue what is known as a DS form 1205, and that is an affidavit that the officer submits to the administrative license administrators. On the back of that yellow or white sheet of paper are the instructions for how to appeal that suspension. Generally, if the person that was arrested has that license in their possession, then the DS 1205 has not been submitted; but if they don’t have their license and they have this form, which also serves as a temporary driving permit, it means they need to go through the process of requesting that administrative license suspension hearing.

What Happens If Someone Doesn’t Request The Administrative License Suspension Hearing?

If you don’t request an administrative license suspension hearing, then after the expiration of 30 days from the date of your arrest, your license will be suspended prior to the conviction on your DUI case. On your first administrative suspension, your license is suspended for a minimum of 30 days. Unless you refused the test, you can get a limited permit for $25, which is renewable every 30 days.

How Can Someone Contact The DMV To Request An Administrative Hearing?

Many attorneys will request an administrative hearing without a fee while some charge for this service. There is also a form on the Georgia Office of State Administrative Hearings, and that website is www.osah.ga.gov. If you go to that website and click on court forms, you will see that there is a place for you to request a hearing.

For more information on Events Following A DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (229) 207-0850 today.

Paul W. Hamilton, Esq.

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