Will my license be automatically suspended after getting a DUI in Georgia? 3 Answers as of June 10, 2013

I just received my first dui in that state of GA. I didnt blow. Is it certain that my license will be suspended or can my lawyer negotiate those terms?

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Giannini Law Office, PC
Giannini Law Office, PC | Robert Giannini
You need to act quickly to save your ability to drive. Georgia's license suspension rules are among the most confusing in the country. You have 10 business days from the date of your arrest to file a demand for a hearing or your license will be suspended for 12 months. I urge you to consult with a DUI attorney in your area. If driving is important to you I suggest that you do not try to handle this alone.
Answer Applies to: Georgia
Replied: 5/25/2011
Law Office of Michael Moody
Law Office of Michael Moody | Michael Moody
You must send a letter requesting an Administrative License Suspension hearing within 10 business days of your arrest. If you get to the hearing and the arresting officer is present, the court will evaluate (1) was there a legal basis for the stop (2) did the officer have probable cause to believe you were an impaired driver (3) did the officer read the Georgia Implied Consent warning? (5) did you refuse the test? If the answer to all of those questions is yes, your license is suspended for 1 year with no possibility of a hardship permit. If you have a lawyer at the hearing, the attorney can ask the officer if he would agree to you pleading guilty to 40-6-391(1)(a), "DUI less safe," in which case you could get a limited work permit for 120 days followed by full reinstatement of your driving privilege. Most officers will agree to the change unless the arrestee was obnoxious. You need a lawyer to engage in the negotiations.
Answer Applies to: Georgia
Replied: 5/25/2011
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