A Georgia DUI can affect both your right to drive in Georgia and the Florida driver’s license you use at home. Georgia’s administrative license-suspension case, the Georgia criminal case, and any action by Florida Highway Safety and Motor Vehicles (FLHSMV) are separate matters. Resolving one does not necessarily resolve the others.
If you received a Georgia DDS Form 1205, act promptly: the deadline to request an administrative hearing is 30 calendar days from service of the suspension notice, not 30 business days. Do not wait for a letter from Florida.
This article addresses adult drivers with ordinary, noncommercial Florida licenses. Commercial licenses, drivers under 21, prior offenses, and cases involving serious injury or death require additional analysis. For other states, see our out-of-state license after a Georgia DUI guide.
Can Georgia suspend my Florida driver’s license?
Georgia can suspend your privilege to drive in Georgia even though Florida issued your license. Florida controls the status of your Florida license. A Georgia officer taking the physical card does not, by itself, establish that Florida has suspended it. Likewise, possessing a valid Florida card does not allow you to drive in Georgia while your Georgia driving privilege is suspended.
What should I do about a Georgia DDS Form 1205?
To contest the proposed Georgia administrative license suspension, submit a written hearing request and the $150 filing fee to Georgia DDS within 30 calendar days from service of the notice. The Form 1205 ordinarily provides a 45-day temporary driving permit for an otherwise eligible driver. That temporary permit does not extend the 30-day hearing-request deadline.
A Florida-licensed nonresident does not qualify for Georgia’s ignition-interlock limited-permit option in place of an ALS hearing. Protect the hearing deadline and have the Form 1205 and your driving record reviewed promptly. See Georgia DDS’s ALS hearing-request instructions.
Will Florida automatically suspend my license if I refuse or fail a Georgia chemical test?
Do not assume that a Georgia administrative suspension automatically produces a separate one-year Florida suspension for refusal or a six-month Florida suspension for a failed test. Those fixed periods come from Florida’s own administrative DUI process; a Georgia ALS does not, by itself, establish that either period applies to your Florida license.
It would also be incorrect to promise that Florida cannot act. Florida Statutes section 322.27 gives FLHSMV authority to act on qualifying out-of-state offenses. Any separate Florida action must be evaluated using the reported incident, the driver’s record, the applicable law, and the actual FLHSMV notice.
An unresolved Georgia suspension can also appear in interstate driver records and interfere with a Florida licensing transaction, including a renewal or replacement. That is different from an automatic new Florida suspension. Do not ignore the Georgia case simply because you live in Florida; obtain the Georgia disposition or clearance and confirm what FLHSMV requires for your record. See this Florida licensing office’s explanation of out-of-state clearance requirements.
What happens if I win or lose the Georgia ALS hearing?
If the proposed Georgia ALS is rescinded, obtain the written order and confirm that Georgia DDS has updated its record. If your physical Florida license was taken, contact FLHSMV about replacement and any documents needed to clear the reported Georgia action. A favorable Georgia order does not automatically dismiss the criminal case or resolve an unrelated Florida restriction.
If the Georgia ALS is sustained, comply with the applicable Georgia suspension and reinstatement requirements. Separately check your Florida record and respond promptly to any Florida notice. Losing the Georgia hearing does not, by itself, establish a particular Florida suspension period or hardship-license waiting period.
What if I am convicted of DUI in Georgia?
A Georgia DUI conviction can lead to a separate Florida license revocation. Florida may act on an out-of-state conviction for an offense that would support suspension or revocation if committed in Florida. Florida applies its own licensing law; it does not simply copy the period imposed in Georgia. See Florida Statutes section 322.24.
For a first DUI without serious injury or death, Florida’s ordinary revocation range is 180 days to one year. Prior offenses and other circumstances can substantially change the result. The Florida notice and driving record must be reviewed to determine the applicable period and reinstatement requirements. A reduction or dismissal of the criminal charge must also be considered separately from any administrative suspension.
What if my Georgia DUI is reduced to reckless driving?
A reckless-driving disposition is not the same as a DUI conviction, but it can still have Florida licensing consequences. Depending on how Florida records the disposition, points and a required driver-improvement course may apply.
Under Florida Statutes section 322.0261, a driver subject to the mandatory course requirement must complete it within 90 days after receiving FLHSMV’s notice. Failure to comply can cause cancellation until the course is completed. The rule is not that every Georgia reckless-driving conviction immediately cancels a Florida license. Follow the specific notice, complete the approved course when required, and retain proof of completion.
How do Florida hardship licenses and reinstatement work?
A hardship license is not automatic. Eligibility depends on the type of Florida action and the driver’s history. For post-conviction DUI hardship relief, Florida generally requires completion of the approved DUI education course and evaluation before approval, with treatment requirements if referred. Merely enrolling in DUI school does not guarantee that you can drive. Contact FLHSMV’s Bureau of Administrative Reviews about the requirements for your case.
Ordinary reinstatement after a revocation expires is a separate process. Florida law can permit reinstatement based on enrollment in the required program, but the education course and evaluation must then be completed within 90 days after reinstatement, and any required treatment must be completed. Fees, testing, insurance requirements, and other outstanding suspensions or revocations may also affect eligibility. Completing a Georgia course does not, by itself, establish that Florida has accepted it or restored your license.
Will I need FR-44 insurance in Florida?
Determine the financial-responsibility requirement shown on your Florida record rather than assuming that every Georgia DUI arrest requires an FR-44. If Florida requires an FR-44 insurance filing, the heightened liability limits are $100,000 for bodily injury to one person, $300,000 for bodily injury to two or more people in one crash, and $50,000 for property damage.
Florida Statutes section 324.023 requires those higher limits for at least three years when the statute applies. Confirm the required filing and release date with FLHSMV and your insurer before changing or canceling coverage.
Get help with a Georgia DUI and a Florida license
Brett Willis Law handles Georgia DUI cases for drivers who live in Florida. We can address the Georgia criminal case and administrative hearing while you obtain Florida-specific advice about any FLHSMV action. Contact Brett Willis Law for a free case review, and bring your citation, Form 1205, and any Florida notices.
