2017 Georgia Defender Update | Hot Legal Tips

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On or after July 1, 2017 anyone whose license is subject to an administrative suspension for a DUI arrest now have the choice of how you seek to protect your right to drive. There are two options:

  1. 45 days on a temporary driving permit pursuant to O.C.G.A Section 40-5-67, also has 30 days to opt for one of two of the methods to avoid administrative license suspension hearing. — $150.00 filing fee to request administrative license suspension hearing.
  1. IIDLP Option – apply within 30 days of notice of suspension. Filing fee is $25, license must also be surrendered and must execute an affidavit attesting that the administrative license suspension is waived. Interlock is good for one year. Renewal is $5 after that year but only valid for 2 months and can only be renewed once. 60-day extension is only for lack of funds to reinstate or oversight of a person to reinstate. If client is convicted of violating state laws relating to the movement of a motor vehicle; driving a motor vehicle in violation of an ignition interlock permit; tampering with the device— IIDLP is revoked. Notified through regular mail. First revocation = ineligible to obtain license for 6 months from the date of surrender. Second revocation = lifetime suspension—client eligible for reinstatement after 2 years. Revoke or refusal of LP apply for OSAH hearing within 30 days. Reasons to drive:
  • To and from work, if job includes being mobile as well.
  • Medical care
  • School
  • Abuse treatment meetings
  • Driver education (court ordered)
  • Court
  • Community service
  • Transport family to school, work, medical care
  • Monthly visits with IID provider

Cannot obtain IIDLP: Under 21, DUI conviction on record <5yrs, license already suspended. Client must have IID installed within 10 days of issuance and must be on car for no shorter than 120 days. If case is dismissed or won, license is reinstated without a fee and suspension is deleted and removed from the record.

Refusal cases, IID installed within 10 days and cannot drive any vehicle that does not have IID. Must maintain for 12 months and if refusal case is won, dismissed, or reduced the IID must remain for the balance of 12 months. Refusal may or may not be removed from record.

If IIDLP is revoked, 1st time revocation causes 6-month loss of all driving privileges after permit surrendered. 2nd offense causes 2-year hard suspension.

If client elects for IIDLP they will receive credit towards the period of their suspension if DUI conviction. Reinstatement and license fee to remove IIDLP will apply. Client must complete terms of monitoring and pay $100 ($90 by mail) for interlock permit restriction removal fee, for license reinstatement.


 

Limited driving permit may be renewed only one time after person is eligible to reinstate license. Client under 21 cannot renew permit.

2 in 5 DUI

After 120-day hard suspension a person is eligible for IIDLP, must pay $25 permit fee and submit certificate of eligibility from an accountability court or proof of enrollment in substance abuse program. Permit is good for one year, and can be renewed for $5 only one time for 2 months after person is eligible for reinstatement. Failure to complete substance abuse treatment program is an additional ground for revocation of the permit.

DUI Drugs/DUI Marijuana

3rd in 5 DUI drugs or marijuana –person is considered Habitual Violator (HV) license is revoked. 3rd DUI offenders were previously able to apply for early reinstatement after 2 years…5-year suspension was changed to 5-year revocation. Offenders cannot apply until 5 years has passed.

HV Probationary License

Person can obtain even if you gave any controlled substance or underage alcohol offense on record

A Misunderstood Georgia DUI Law, But Highly Important in a GA DUI Arrest

Definition of Implied Consent

The Georgia implied consent law is an essential part of virtually every DUI arrest in Georgia. Yet, no one in any high school or college has ever been told the implied consent definition. It is an obscure law that has been in use for over 70 years in some states, and about 60 years in Georgia.

An implied consent law means that you are being told your legal “obligation” (“Georgia law requires you to submit…”) to INCRIMINATORY testing. The State officer (who already arrested you) wants to collect evidence that is to be used to possibly suspend your right to drive. Unstated in the implied consent notice is the fact that the results can also be used to convict you in a criminal court case.

When Is the Implied Consent Georgia Notice Read, After a DUI Arrest?

The GA implied consent law is supposed to be read to an arrested person as soon as possible after custody occurs. Other states, like North Carolina wait until you are at jail, so that you can read the implied consent law wording, and not just hear it being read.

Can I Decline to Take the Implied Consent Georgia Test?

Because this implied consent law advisement is given to you after your arrest for DUI “less safe,” many people facing a first DUI offense are inclined to say NO. This comes from a combination of issues, centered around the “unknown.”

Thoughts go from fear of the unknown, concern about being cuffed, worried about going to jail, fear of needles, not understanding the poorly-worded advisement, wondering why arrest took place when the person THOUGHT he or she had cooperated, and done what was asked.

Can I Talk to a DUI Lawyer in GA Before Taking Implied Consent?

Some people arrested for DUI immediately ask to talk to a Decatur lawyer, but are told “no” by the arresting officer.

While a person is arrested for DUI-DWI in other states (e.g., NC) he or she will be told when and where a drunk driving attorney can be contacted, the Georgia Supreme Court has ruled that NO CONTACT can be had with legal counsel in GA, before the person has incriminated himself or herself, either by submitting to the test or refusing the implied consent test. This DUI refusal can be used to suspend your driver’s license, and can be used as harmful evidence in a DUI criminal case.

Implied Consent Law: What Does Implied Consent Mean?

The Georgia implied consent notice in GA is part of a statute, OCGA 40-5-67.1. Law enforcement officers are authorized to read this “warning” to the arrested drunk driver, and the notice notifies you that a refusal to participate in the post-arrest testing will suspend your driver’s license for a full year.

This harsh loss of driving privileges, under the GA implied consent law, is among the toughest and in America. Effective July 1, 2017, a new implied consent ignition interlock device (IID) alternative has softened the GA DUI law, but the consequences of refusal to test are severe.

A new Georgia implied consent driver’s license law that was passed by the Georgia General Assembly went into effect July 1, 2017, wherein a driver facing this inflexible, total loss of driving privileges, now can opt for a one-year ignition interlock device being installed, and then drive on that interlock restricted permit.

The risks and pitfalls of accepting this alternative are severe, but trying to find a way to drive (especially with an Atlanta DUI) is essential to most working people.

Andrew R. Lynch LawThanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into criminal defense practice.

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