When someone is arrested for DUI or DWI, one of the most immediate concerns is the ability to keep driving. Losing your license can impact your job, your family responsibilities, and your overall independence. Many people don’t realize that license suspension often begins long before a criminal conviction, and how the difference between DUI and DWI is: plays into the process can shape the results you face.
In Georgia, as in many states, a DUI arrest triggers two separate legal processes: the criminal case and the administrative license suspension (ALS) hearing. The criminal case determines whether you are guilty of DUI and what penalties you will face. The ALS process, however, focuses specifically on your driving privileges. If you refuse a chemical test or fail one with a blood alcohol concentration above the legal limit, your license is automatically subject to suspension. This happens regardless of whether your criminal case has even begun.
Timing is critical. After a DUI arrest, you typically have only 30 days to file a request for a license suspension hearing. Missing this deadline almost always results in an automatic suspension lasting months, or in some cases, a full year. This means that even before you stand trial, your ability to drive legally could already be revoked. Many people overlook this deadline, only realizing later that they lost a chance to protect their driving privileges.
Even if your license is suspended, there may be options to regain limited driving rights. For instance, first-time offenders may qualify for a restricted license that allows them to drive to work, school, or medical appointments. However, eligibility for restricted licenses depends on compliance with certain requirements, such as installing an ignition interlock device in your vehicle. Repeat offenders or those with aggravating factors may not qualify at all, leaving them with no legal way to drive during the suspension period.
The impact of losing a license goes beyond inconvenience. For many people, driving is essential to maintaining employment and caring for family members. Losing this ability can result in job loss, financial strain, and significant disruptions to daily life. Employers may not be sympathetic to transportation issues, especially if driving is part of your job duties. This makes protecting your license one of the most urgent parts of a DUI defense strategy.
A strong legal defense can significantly influence the outcome of both the ALS hearing and the criminal case. Attorneys who are experienced in DUI law know how to challenge the validity of chemical tests, question the legality of the traffic stop, and present arguments to minimize the impact on driving privileges. In some cases, they may even be able to prevent suspension altogether.
For those facing DUI or DWI charges in Georgia, working with a knowledgeable legal team like Kohn & Yager can make all the difference. Their attorneys understand the complexities of license suspension cases and can act quickly to protect your driving rights. By seeking legal help right away, you give yourself the best chance of staying on the road while fighting your case in court.
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