Question: I need some answers about my driver's license because I got arrested in Atlanta for a DUI.  I went through a stop sign and the Atlanta police officer pulled me over.  I told him I had a couple of beers with dinner and he asked me to take some tests.  I refused to take any tests.  I said I wasn't going to take any tests because I wasn't drunk.

Then the cop arrested me for DUI and took me to jail.  He took my license from me.

I need to know if I can still drive because he took my license and gave me some sheet of paper. I was arrested 2 nights ago.

I need my license for work and to pick up my kids from school. Can I drive my car?

T.S. in Buckhead

Answer: Yes, it sounds like you can still drive as the Atlanta police officer cannot unilaterally suspend your driver's license.  The officer needs to give you what's known as a “1205.”  Then you need to complete an administrative appeal, commonly known as a “10 day letter.”

The 10-day letter is sent to the Georgia Department of Driver Services, who in turn forwards it to the Office of State Administrative Hearings (OSAH).  An administrative judge at OSAH will hold a hearing regarding your license.

OSAH and DDS are exclusively administrative bodies, meaning they cannot levy criminal sanctions against you.  They can, however, suspend your driving privileges.

It is very important to note that you have only ten days from the date of your DUI arrest to request an OSAH hearing. If you fail to request an OSAH hearing within the prescribed time period, your driver's license will be automatically suspended.

We can discuss your situation in much greater depth when we meet for a consultation.

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