We often get people calling us and asking whether you can lose your license after a DUI. “Is it legal for them to take it? I haven't even been to court yet.” Unfortunately, the answer is yes. You can lose your license immediately following a DUI charge. In this blog post, we'll take a look at what law allows the government to take your license away and what measures you can take to retain your driving privileges.
Is There a Way to Stop My License From Being Suspended?
While the realities of license suspension are inevitable, there's some good news — you can challenge a license suspension. However, you have to act fast. You can only have your lawyer send an appeal letter within 30 days of your arrest. The Department of Driver Services will then conduct a hearing to determine your eligibility for reinstate driving privileges.
If you don't do it within 30 days, then you'll face a 12-month license suspension unless you pay a reinstatement fee. We recommend reaching out to a DUI lawyer like Brett Willis as soon as possible. They'll be able to guide you through the process of getting your license back.
Implied Consent Law: Why You Lose Your License Immediately
In Georgia, there's something called implied consent law. It's in GA Code § 40-5-55, which says, “Any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent…to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug.”
Basically, any person who drives on the roads is implied to have consented to a test of their blood, breath, or urine. Officers do not need to get verbal or written permission beforehand. You can refuse testing, but it's at the cost of your license.
Can I Get a Temporary Permit After Losing My License?
After a police officer seizes your license, they're supposed to give you a temporary permit called Form 1205. The temporary permit allows you to drive for 45 days. On the 46th day, your license suspension comes into play.
What If I Need to Drive After the Temporary Permit Expires?
If you still need to drive after your permit, you'll need to go to the Department of Driver Services. Your license will still be suspended, but they may allow you to get a limited work permit if you pay a fee. You'll only be able to use it for essential tasks such as going to work or buying groceries.
After at least 120 days (depending on the terms of your license suspension), you can pay a $200 fee in person or a $210 fee by mail to get your license reinstated. You'll also need to complete a DUI risk reduction program, more commonly known as “DUI school.” These requirements can seem daunting at first, so it's an excellent idea to contact an experienced DUI lawyer.
Don't Lose Your License — Contact Brett Willis Law Today
When it comes to something as essential as a driver's license, you want to make sure nothing happens to it. After getting charged with a DUI, we understand the shock of having your license suspended. At Brett Willis Law, we are here to help. Since 2005, we've been working tirelessly to defend countless clients who have been charged with a DUI.
If you call us within 30 days of your arrest, we'll help you navigate the appeal process to give you the best chance of getting your license back. Even if you're past the window, we can help you explore your options for getting a temporary permit. Don't lose your license — contact us today for assistance.