What Happens if a Police Officer Takes my Out of State license in a Georgia DUI arrest?

A. Georgia DUI with an out of state license

If an officer takes your out-of-state license because you were arrested for a DUI  in Georgia, you are subject to a license suspension from the state which issued your license originally as well as a prohibition from driving in Georgia.  Once an officer takes your out-of-state license, he or she will send it to Georgia’s Department of Driver Services (DDS).  Georgia Statue O.C.G.A 4-5-51 requires that when a nonresident’s privilege to drive in Georgia is suspended or revoked under an administrative license suspension hearing or a conviction, the department shall forward a certified copy of the record of such action to the motor vehicle administrator wherein such person resides.

Upon conviction of DUI or a suspension resulting from an administrative license suspension hearing, DDS will notify the state which issued your driver’s license that:

1. the driver refused to submit to the designated state-administered chemical testing, or
2. chemical test results indicated an alcohol concentration of .08 grams or more, or
3. the driver was under 21 and the chemical test results indicated an alcohol concentration of .02 grams or more, or
4. the driver was operating a commercial motor vehicle chemical test results indicated an alcohol concentration of .04 grams or more

      Upon receiving a DUI in Georgia with an out-of-state license, you should consult with a DUI attorney who practices in the state that issued your license.  You face potential consequences in that state for either refusing a state administrated chemical test or having a blood alcohol concentration. of 08 grams or more as determined by a state-administered chemical test.  It is worth noting that if you have recently relocated to Georgia, O.C.G.A 40-2-8(a) requires that you register your vehicle with the State within thirty (30) days of moving to Georgia or else you face a fine.

B. Georgia DUI arrest with a Florida Drivers License

    Many Florida residents are arrested each year for DUI in Georgia.  Below is a guideline of possible administrative suspensions from the Florida Department of Highway Safety and Motor Vehicles for Florida residents who have their licenses suspended after an administrative hearing in Georgia for either refusing a state-administered chemical test or having a blood alcohol concentration of .08 grams or more.

First Offense
If the state administrated chemical test shows a blood alcohol concentration at .08 or above, there is a six  (6) month suspension with a thirty (30) day “hard suspension,” meaning you cannot drive at all for the first thirty (30) days.  You must enroll in or have completed DUI school to get a hardship license after the first thirty (30) days.
If you refused a requested chemical test, your license will be suspended for twelve (12) months with a ninety (90) day “hard suspension,” meaning you cannot drive at all for the first ninety (90) days.  You must enroll in or have completed DUI school to get a hardship license after the first ninety (90) days.
Note that as of July 1, 2013, legislation was passed allowing for first-time DUI offenders with no history of alcohol-related offenses to waive an administrative hearing within ten (10) days of arrest and avoid any hard suspension provided certain requirements are met.

Second Offense
If the state-administered chemical test shows a blood alcohol concentration at .08 or above, there is a twelve (12) month suspension with a thirty (30) day hard suspension after completion of, or enrollment in, DUI school.
If you refused a requested chemical test, and the first offense was after a state-administered chemical test, then a twelve (12) month suspension will follow a ninety (90) day hard suspension after completion of, or enrollment in, DUI school.
If you refused a requested chemical test, and the first offense was after a refusal, then there is an eighteen (18) month hard suspension, meaning you cannot drive at all for eighteen (18) months.

Third or Subsequent Offense
If the state-administered chemical test shows a blood alcohol concentration at .08 grams or above, there is a twelve (12) month hard suspension meaning you cannot drive at all for twelve (12) months.
If you refused a requested chemical test, and all the prior offenses were after a breath test, then there is a twelve (12) month hard suspension meaning you cannot drive at all for twelve (12) months.
If you refused a requested chemical test, and one of the prior offenses was after a refusal, then there is an eighteen (18) month hard suspension, meaning you cannot drive at all for eighteen (18) months.

-Author: Eric Bernstein

Georgia DUI Lawyer