Facing a suspended license in Georgia? Get the help you need by contacting the attorneys at Fennell, Briasco & Associates™. Our team can help you seek reinstatement of your license privileges so that you can get your life back to normal. Contact us today at (770) 956-4030 for a FREE legal consultation about your suspension, revocation, administrative license suspension (ALS), or charges of driving on a suspended license.
Why is my GA driver’s license suspended?
From DUIs to traffic violations, your Georgia driver’s license can be suspended for any number of criminal offenses. Then, if you’re later caught driving on a suspended license, you can face even greater criminal penalties. The most common reasons for a suspended license include:
Driving Under the Influence (DUI): If you are pulled over for a suspected DUI, the arresting officer can confiscate your driver’s license if you refuse a breathalyzer test or if you have a blood alcohol concentration (BAC) over the legal limit—in most cases, 0.08%. This will result in an administrative license suspension (ALS) by the Georgia Department of Driver Services (DDS).
Following a DUI arrest, most drivers will also receive a Form 1205, which serves as a 30-day temporary license. Note that your license may also be suspended for driving while intoxicated under the influence of marijuana or other controlled substances.
Excessive Traffic Violations: If you receive 15 points on your license over a 24-month period, then your license will be suspended as a “habitually dangerous or negligent driver,” as defined under Georgia law (O.C.G.A. § 40-5-57). Drivers receive points on their license for traffic violations, including: aggressive driving (6 points), unlawful passing of a school bus (6 points), excessive speeding by 24-34 mph over the speed limit (4 points), improper passing on a hill or curve (4 points), and failure to obey a traffic-control device (3 points).
Failure to Pay Child Support: Did you know that your Georgia driver’s license can be suspended for failure to pay child support? Under O.C.G.A. § 40-5-54.1, your license can be suspended if the balance of child support obligations is over 60 days in arrears (i.e., overdue). To reinstate your license, you will likely have to pay off past-due payments on any child support order and pay a fee for license reinstatement.
No Insurance: If you drive on public roadways in Georgia, you are required to maintain an auto insurance policy. If you are caught driving without insurance, your license will likely be suspended for 60 days as a first-time offense. At the end of the suspension period, drivers can apply for reinstatement by offering proof of prepayment for a new six-month insurance policy.
Failure to Appear/Failure to Respond to Citation: Imagine that you get a speeding ticket for driving 15 mph over the speed limit. The ticket says that you can either (i) accept the charge and pay a fine or (ii) show up in court next month to contest the ticket. A few weeks pass and you get busy with work and forget to pay the fine and then you miss your court date. What happens next? This is called a failure to appear or a failure to respond to a citation. In response, your license may be suspended under O.C.G.A. § 40-5-56. To reinstate your license, you will likely have to pay off any past-due traffic penalties, including any additional fees or fines.
Other Traffic Offenses: License suspension may also be imposed against a Georgia driver for any of the following traffic offenses: any felonies involving the use of a motor vehicle, hit-and-run/leaving the scene of an accident, street racing, fleeing or eluding police, and operating a motor vehicle with improper registration.
What happens if I’m caught driving on a suspended license?
Under Georgia law, once your license is suspended (often for one of the reasons above), you can’t get behind the wheel of a vehicle. O.C.G.A § 40-5-121 provides that the act of driving on a suspended license is a criminal offense.
If caught driving on a suspended license, Georgia drivers will face:
1. For the first offense of driving on a suspended license, a driver will be charged with a misdemeanor crime and will be punished by:
- imprisonment for at least 2 days and up to 12 months
- a fine of at least $500 and up to $1,000
- a six-month extension of the existing license suspension
- mandatory fingerprinting
- an additional $210 reinstatement fee at the end of the suspension
2. For the second and third offense of driving without a license in a 5-year period, a driver will be charged with a high and aggravated misdemeanor and will be punished by:
- imprisonment for at least ten days and up to 12 months
- a fine of least $1,000 and up to $2,500
- a six-month extension of the existing license suspension
- an additional $310 or $410 reinstatement fee at the end of the six-month suspension
3. For the fourth or subsequent offense of driving without a license in a 5-year period, a driver will be charged with a felony and will be punished be punished by:
- imprisonment for at least one year and up to no more than five years
a fine of at least $2,500 and up to $5,000
Am I eligible for reinstatement of my GA driver’s license?
In some cases, yes. When your license is suspended or revoked for a specified duration, you will have the opportunity to seek reinstatement after a certain period of time. For many first-time offenders, drivers can apply for license reinstatement after 120 days and completion of a defensive driving program or DUI Alcohol or Drug Use Risk Reduction Program. Your eligibility for license reinstatement depends on the specific facts of your case. Always consult with an attorney about when and how you can seek reinstatement of your Georgia driver’s license.
Suspended License Lawyer
At Fennell, Briasco & Associates™, we understand the physical and emotional toll of dealing with a suspended license. Because most residents of North Metro Atlanta do not have access to alternative transit options, a suspended license will likely affect one’s professional responsibilities and family obligations. To represent you in a case involving a suspended license or driving on a suspended license, our criminal law attorneys are just a phone call away.
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