A first time DUI offender, may be able to get a Work or School driving permit while the defendant's license is otherwise suspended.
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What happens with a first time offender for DUI and their drivers license? There are some differences depending on the circumstances. Typically, the defendant will fall into one of three categories:
1. DUI Less Safe – There was some alcohol present and a driving infraction occured.
2. DUI Per Se – The driver had a blood alcohol content of .08 or higher.
3. Refusal – The driver refused to submit to testing of his blood, breath or urine.
With a first time DUI Less Safe or DUI Per Se, the defendant can generally get an affidavit of first conviction and get a work/school permit. It is important to remember that the work/school permit only allows the person to drive to work or school, it does not allow the person to drive for any other reason, i.e., going out to eat. With either of these charges, it is a 12 month drivers license suspension, but generally after 120 days, one can apply for a license reinstatement with proof of Risk Reduction Class completion and a payment of approximately $250. A Georgia DUI Lawyer can help you request an affidavit of first conviction from the Court.
With a refusal case, there is no special work/school permit, and it is a 12 month hard suspension.
With any license suspension, you must actually take steps with the Department of Driver Services to have your license reinstated at the end of the suspension or it will continue to be suspended. Your license does not automatically get reinstated at the end of the 12 months, you must go and apply for it to be reinstated.
If you are facing a charge that could result in a license suspension in North Georgia or Hall County, you should consider consulting a lawyer that is knowledgeable in the field. This helps to provide that best possible defenses and make the more well informed decisions regarding your rights and options when considering how best to maintain your driver’s license and avoid suspension.
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney: Anne Bishop is a Georgia lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.