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Thursday, June 30, 2011

Don't Lose your License on a DUI or BUI charge

Under current Georgia Law, if you are charged with  Driving Under the Influence or Boating Under the Influence you may only have 10 days from the date of arrest to prevent a SUSPENSION of your license to drive a motor vehicle or operate a watercraft.

1205 Forms

If you are served with a DDS-1205 or DNR- 1205 form, you must file your written request for a hearing with the appropriate state agency within the 10 day period or risk the loss of your license. The Department of Driver Services or the Department of Natural Resources will suspend the license after a 30 day period, if the written request is not properly filed.

Filing Fee

Also, there is a $150.00 FILING FEE which must be filed in addition to the written request, or the appropriate agency will not consider the request for a hearing timely filed. There are many agencies that are still using their supplies of the outdated forms that do not advise you of the current information and filing fee. Many times the Law Enforcement Officers may not advise you correctly of the current state law. It is the operator's responsibility to request the hearing and very important to follow the current legal procedures to prevent the suspension of your license

Refusal

In addition, if you REFUSED, or are accused of refusing, the State test of your blood, breath, urine or other bodily substance, a suspension of your license for a failure to properly file and contest the Administrative Suspension of your license will result in a suspension without the ability to obtain a limited permit. In the event of a refusal suspension, there may be no way to reverse the suspension until the appropriate amount of time has run.

Child Endangerment

Furthermore, it is important to note that any DUI or BUI charge that involves a child, under the age of 14, can be charged as a Child Endangerment charge and a conviction results in a separate and additional suspension from the DUI/BUI. Each child is treated as a separate charge. For example, a person convicted of DUI with two children in the can may receive a DUI and two Child Endangerment charges. If that happens, the appropriate state agency considers that as THREE DUI related offenses and treats the license as a Habitual Violator with the appropriate suspensions.

Administrative Suspension different from Conviction Suspension

The Administrative Suspension is a completely separate legal process from your citation or other criminal charges. In the event that you are convicted of the DUI or BUI, there may be additional action taken against your license.

 

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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