Being arrested for driving under the influence (DUI) in Georgia raises a lot of urgent questions—especially around whether you can continue driving. Many wonder: if I get a DUI, can I still drive? The short answer: sometimes—but only under limited circumstances. Below is a breakdown of what happens to your driving privileges immediately after an arrest, what options you may have, and how a firm like Ghanouni Teen & Young Adult Defense Firm can help you navigate the process.
What Happens Right After a DUI Arrest in Georgia
Once you are arrested for a DUI in Georgia, several things begin to affect your right to drive:
- Under Georgia’s implied consent law, by holding a driver’s license and operating a vehicle, you’ve already agreed to submit to chemical testing (breath, blood, or urine) if an officer has probable cause.
- If your blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21+), or 0.02% for under‑21 drivers (or lower limits for commercial drivers), your license can be suspended administratively.
- If you refuse chemical testing, Georgia law mandates certain penalties—such as a minimum one‑year license suspension (for refusal), with no eligibility for limited driving permit in some cases.
So, even before any criminal case or court hearing, your driving privileges could be impacted.
The “30‑Day Rule” and Protecting Your License
One of the most critical deadlines after a DUI arrest in Georgia is the 30‑day window to take action.
What must you do within 30 days?
- Request an ALS Hearing (Administrative License Suspension hearing)
This lets you challenge the suspension of your driving privileges with the Georgia Department of Driver Services (DDS). If you don’t request this hearing within 30 days, your license may be automatically suspended. - Apply for a Limited Driving Permit (Ignition Interlock Device Option)
In some cases, installing an ignition interlock device (IID) in your vehicle and applying for a limited driving permit allows you to legally drive under restrictions while your suspension is pending.
If neither action is taken in time, your license will be suspended by default—even before any criminal conviction.
When You Can Still Drive
Even under a DUI arrest, there are situations when you may legally drive:
- If you timely requested an ALS hearing, your license may remain in effect until the administrative hearing resolves.
- With a limited driving permit (via IID option), you are allowed to drive for specific purposes (to and from work, school, medical appointments, etc.), depending on how the permit is structured.
- In some cases involving first-time DUI and certain conditions, the suspension may be less than the full 12 months, and limited permits might be possible after a portion of the suspension period.
It’s critical to note: if your license is suspended, you generally cannot legally drive (unless your limited permit explicitly allows certain travel). Driving on a suspended license can lead to additional penalties, fines, and even further jail time.
When Driving Is Not Allowed
You cannot drive in these situations:
- If you fail to request an ALS hearing or apply for a limited permit within 30 days, triggering automatic suspension.
- If your license is formally suspended or revoked through administrative or court process.
- If your limited driving permit allows only restricted travel—exceeding those specific uses (driving to work, court, etc.) could violate the permit.
Even though the criminal DUI case proceeds separately, your driving status is governed by the administrative and licensing process.
What Influences How Long You’re Barred From Driving
Several factors affect the suspension duration and whether you can get limited driving privileges:
- Prior DUI offenses: Repeat offenders typically face harsher license suspensions and might lose eligibility for limited permits.
- Refusal vs testing above limit: Refusing a test often carries stricter administrative penalties (minimum 1-year suspension).
- Severity / aggravating factors: If the DUI arrest involved accidents, injuries, minors in the vehicle, or very high BAC levels, stronger sanctions may follow.
- Compliance with requirements: Completing required programs, maintaining IID, paying fees, and attending hearings can affect reinstatement.
What You Should Do Immediately After a DUI Arrest
If you’ve been arrested for DUI, taking prompt, informed action can help preserve your driving rights:
- Request the ALS hearing within 30 days—you don’t want to miss that window.
- Explore limited permit / IID options if eligible.
- Talk to an attorney quickly, especially one experienced with teen or young adult DUI cases—there are tight deadlines and procedural rules to follow.
- Keep good records, including your DDS Form 1205 (temporary license), court documents, proof of any IID installation, etc.
- Attend all hearings and comply with court orders, including required alcohol/drug education or risk reduction programs.
If you or someone you know is facing a DUI arrest and wondering if I get a DUI can I still drive, reach out to Ghanouni Teen & Young Adult Defense Firm. Their team understands Georgia DUI law, the administrative license suspension process, and how to protect your rights, especially for younger clients. They can help you navigate the ALS hearing, apply for limited permits, and defend the DUI case itself.
RELATED TOPIC: St. Louis Criminal Defense Attorneys of Rose Legal Services Wins DWI Case Dismissal After Traffic Circle Crash
