Atlanta DUI: Is my driver's license going to be suspended?

Posted by William H. Sherman on Nov 24, 2014 | 0 Comments

Question: I was given a DUI in Atlanta and I have some questions about my driver's license.  It's not my first DUI.  I got my first about 3 years ago.  That one was also in Atlanta.  I got into an accident in Buckhead after a night out with my wife.  I work in Midtown and we went to an Atlanta Falcons game and dinner and just had too much to drink.  I was pretty buzzed but I really didn't think I was that drunk.  Anyway I pled guilty to DUI because my lawyer said that because I blew high on the breath test I would probably be convicted.  I get that.

My new DUI happened in Midtown.  I was out with some friends from Georgia State and Georgia Tech and I made a bad decision to drive.  We tasted some craft beers from local Georgia brewers and I thought I was alright to drive.  But the Atlanta cop said I was speeding and pulled me over.  It made things worse that I had a suspended license because I forgot about a red light ticket.  I took the breath test and I couldn't believe that I blew a .201.  I really didn't have that much to drink.  I think the shots put me over.

The problem is that I need my driver's license.  I'm in sales and I need to drive all over.  Sometimes I take out clients.  So I need to keep my license.  I was told that if you get two DUI's you will have your license suspended.  Can I get a limited permit for work if I have a second DUI?  I really need to know.  Can I delay going to court on this one so I can get a driver's license?

S.C. in Atlanta.

Answer: Unfortunately, if you get two DUI's within five years you face a “hard” suspension.  The five years is based upon the incident dates, not guilty plea dates.  So if a guilty plea is delayed, it will not affect the driver's license suspension.

Of course, if the DUI charge is reduced to reckless driving, then you will not face a suspension for a second DUI.  Or if you are found not guilty of DUI after a trial then you would not have to worry about a suspension.

You may, however, be able to delay your plea (or trial) date and therefore be able to get more time before a suspension.  The driver's license suspension period for a second DUI in five years is one year.  But you may be able to get your driving privileges reinstated in a shorter period of time.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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