How long will my license be suspended?

For a first offense in Georgia, the administrative suspension is 1 year (eligible for limited permit after 30-day hard suspension for test failure; no limited permit for refusal). A refusal carries a longer suspension: 1-year license suspension; no limited permit available for refusal (unless driver opts into IID Limited Driving Permit program within 30 days, waiving ALS hearing right). Criminal license consequences may be additional.

What happens if I drive on a suspended license?

Driving on a DUI-related suspension is a serious offense in Georgia. It can result in additional criminal charges, extended suspension, and in some states it can elevate a misdemeanor DUI to a felony.

Is the administrative suspension separate from the criminal suspension?

Yes. The administrative suspension is imposed by the motor vehicle agency based on the arrest and test result. The criminal suspension is imposed by the court as part of sentencing. They run somewhat independently, though they may overlap.

Topic guideUpdated 2026-02-27

Georgia DUI & License Suspension — What Happens

Q: Can I get a restricted or hardship license?

Yes. For test failure: limited driving permit available after 30-day hard suspension. For refusal: IID Limited Driving Permit program under [§ 40-5-64.1] available if elected within 30 days of arrest (waives ALS hearing)..

Administrative license issues and why timing matters.

License consequences are often the most immediately disruptive part of a DUI case in Georgia. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed.

How the administrative suspension works

Arrest triggers the process

When you are arrested for DUI and either fail or refuse a chemical test, the arresting officer initiates the administrative suspension process.

Notice is served

You receive notice of the intended suspension. The clock for requesting a hearing starts now.

Request a hearing

You have 30 days from date of personal notice or receipt of notice ($150 filing fee) to request an administrative hearing. If you do not request a hearing within this window, the suspension takes effect automatically.

Hearing (if requested)

At the hearing, the issues are narrow: was the stop lawful, was there probable cause for the arrest, did the officer follow proper Implied consent procedures, and did the test result show a BAC at or above the legal limit?

Suspension periods

First-offense (failed test): 1 year (eligible for limited permit after 30-day hard suspension for test failure; no limited permit for refusal)
First-offense (refusal): 1-year license suspension; no limited permit available for refusal (unless driver opts into IID Limited Driving Permit program within 30 days, waiving ALS hearing right)

Restricted driving privileges

Georgia does offer a form of restricted or limited driving privileges during or after the administrative suspension. For test failure: limited driving permit available after 30-day hard suspension. For refusal: IID Limited Driving Permit program under §40-5-64.1 available if elected within 30 days of arrest (waives ALS hearing)..

How the administrative and criminal tracks interact

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

Ignition interlock and license reinstatement §40-5-64.1

optional/discretionary — available as alternative to full suspension, especially useful for refusal cases; must elect within 30 days of arrest. The minimum IID period is 1 year (first offense IIDLP); 12 months (second offense after 120-day hard suspension); longer for subsequent. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).

✓The administrative hearing is worth requesting even if the outcome seems unlikely to change. It preserves your rights, creates a record, and may reveal information about the state's evidence.

Prepare for Your Consultation

Quick checklist (DUI)

Dates matter. If you have paperwork, bring it.

Citation or arrest

paperwork

Court dates

or hearing notices

Your timeline of events

(brief)

General preparation tips only. Deadlines vary by facts and jurisdiction.

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