Understanding Administrative Suspension in Georgia

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If you need legal help when facing an administrative suspension, Philip Kim Law, P.C., can offer you the counsel you need. Call us today.

 

Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on September 28, 2023.

 

What Is Administrative Suspension?

The state of Georgia considers driving as a privilege. Therefore, the Georgia Department of Driver Services (DDS) can suspend or revoke driver’s licenses.

Administrative suspension refers to the temporary revocation or suspension of an individual’s driving privileges. Administrative license suspension or revocation in Georgia is common in DUI cases. A license suspension means your driving privilege is withdrawn for a while. However, an license revocation means your driver’s license becomes invalid.

If you are threatened with a suspended or revoked license in Georgia, it is crucial that you act swiftly to defend yourself. You can begin by employing a knowledgeable Atlanta DUI defense attorney, such as ours at Philip Kim Law, P.C.

 

What Are Common Grounds for Administrative Suspension?

 

An administrative license suspension may be activated under the following conditions:

  • The DUI suspect refused a breath or blood test.
  • The DUI suspect is over 21 and had a blood alcohol concentration (BAC) of 0.08 percent or higher.
  • The DUI suspect is younger than 21 and had a blood alcohol concentration (BAC) of 0.02 percent or higher.
  • The commercial driver DUI suspect was discovered to have a blood alcohol concentration (BAC) greater than 0.04 percent.
  • The suspect in the DUI Case was given a document titled “Sworn Report of the Arresting Officer.”
  • The DUI suspect has accumulated over 15 traffic violation points in 2 years.

The Administrative Suspension Process in Georgia

Here’s a general outline of the administrative suspension process in Georgia:

  1. Arrest or Violation. The process typically begins when you’re arrested for a specific offense. This offense could be a DUI, refusing a chemical test, or other relevant violations.
  2. Notice of Intent. Following your arrest, the law enforcement officer might issue a notice of intent to suspend your driver’s license. This notice informs you that your license will be suspended administratively unless you take action.
  3. Temporary Driving Permit. In some cases, you might be issued a temporary driving permit. This permit allows you to continue driving for a limited time. You will be able to use this permit until usually until your administrative hearing is held.
  4. Requesting a Hearing. If you wish to contest the administrative suspension, you typically have 30 days to request an administrative license suspension (ALS) Hearing Georgia with the DDS. This is your opportunity to challenge the suspension and present your case.
  5. Administrative Hearing. The administrative hearing is a formal proceeding. There you can present evidence, witnesses, and arguments to support your case. The hearing officer will examine the evidence and decide based on the facts.
  6. Hearing Outcome. After the hearing, the DDS hearing officer will decide on the suspended license. If the officer determines that the suspension is justified, your driver’s license will remain suspended.
  7. Appeals (if applicable). If you disagree with the outcome of the administrative hearing, you might have the option to appeal the decision.

What Is the Duration of an Administrative Suspension?

The length of your suspension depends on your administrative suspension history. The following is a list of the suspension periods as stated by Georgia Code section 40-5-67.2:

  • First offenders have shorter suspension periods of one year. For a ‘per se’ offense, you can reinstate your license 30 days after the suspension period. This is subject to presenting proof of DUI school completion and a $200 reinstatement fee. A per se offense is having over .08 BAC for drivers over 21 in a non-commercial vehicle. For commercial motor vehicle drivers, the BAC is 0.04 or .02 for under-21 drivers.

  • A second ALS suspension within five years is an 18-month suspension.

  • A third suspension within five years is a five-year suspension.

  • If you refuse a chemical test, you get a “hard” one-year suspension. During this period, you will get no limited driving permits.

How Can an Individual Appeal an Administrative Suspension Decision?

A driver must write to the DDS to appeal their suspension. You must file the appeal within 30 days of receiving the notice. Ensure you add the following details with a $150 filing fee:

  • Name
  • Address
  • Phone number
  • Birth date
  • Arrest date
  • Driver license number
  • Appeal grounds

Mail this information and filing fee to the Georgia Department of Motor Vehicles. After receiving a proper appeal, the state will arrange a hearing to review the case. This hearing usually occurs 45–90 days following the arrest.

 

How to Avoid Administrative Suspension or Revocation

Georgia drivers can install an ignition interlock on their vehicles to avoid a license suspension or revocation.

However, doing so requires you to pay for the device’s installation and maintenance. Due to its cost, it may not be the best option for some individuals. Consulting with an experienced suspended license lawyer can help determine the best action.

Why Our ALS Case Representation Is Essential

When it comes to your ALS hearing, Philip Kim Law, P.C., delivers tailored advantages that can significantly sway your case’s outcome. Our experience in criminal defense ensures you’re supported at every step. Here’s why choosing our services for your Georgia ALS hearing is a smart choice:

  1. Strategic Preparation: We build a solid defense strategy by skillfully collecting evidence and clarifying the presented evidence, empowering you to make informed decisions.
  2. Navigating Complexity: Our adept lawyers handle legal intricacies, ensuring correct document submissions and crafting compelling arguments that challenge evidence or raise constitutional concerns.
  3. Mitigating Impact: Our skilled attorneys work to minimize license suspension and explore alternatives, protecting your daily routines with limited driving permits.
  4. Long-Term Assurance: We shield your work, education, and daily life from disruptions caused by a suspended license, ensuring your future remains on track.

With a dedicated focus on criminal defense, our team is committed to safeguarding your rights. If you’re facing criminal charges in Georgia, trust our seasoned attorneys to provide the effective representation you need.

 

Get Help For Your ALS Hearing

 

Administrative license revocation or suspension can be unpleasant and difficult. Understanding the process, the potential consequences, and the avenues for defense is crucial.

The journey through an administrative license suspension process can be challenging. However, with the right legal counsel, you can navigate it and emerge with great outcomes for your situation.

At Philip Kim Law, P.C., we understand the intricacies and obstacles of license suspension and revocation in Georgia DUI cases. If you need legal help when facing an administrative suspension, our attorneys can offer you the counsel you need.

Call us today!

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Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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