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If i have been arrested but not convicted of a dui, do i still have a license?

Rome, GA |

i was arrested for a dui in jan. and bonded out, i have had 3 court dates pleeing not guilty and still awaiting my final trial. i was pulled over yesterday and told that i had no license, and have been given a court date for this now as well. i was told that my license were pending and not suspended when i went to the dmv after i had been arrested, because the officer withheld my license, i was tryin to get a replacement or find out if im allowed to drive, and all i was told is they were pending, not suspended. so my question being do i have the right to still drive?? r my license suspended? am i going to goto jail for the driving w.o a license ticket, even tho i had been told they were pending, again, not suspended??

and also, my tickets from the night were never given to me, i signed them at the jail and the officer took them, and i was never told, even after asking, what i blew in the breathalizer. not until my second court date did my public defender tell me i blew .073. to answer some of the information asked: i did not refuse any tests that the cop had asked me to do, breathalizer, field tests, etc, i did anything and everything he had asked of me. i was 23 at the time, i had an accident due to icy roads and hit a sign, went to my friends and called the cops and met them back at the scene of the accident, i was sited for dui, too fast for conditions, and hitting a fixed object.

Attorney Answers 4


I would need to know a lot more information to answer this question properly. If you really blew .073 on the state administered breath test, then you should not be suffering an administrative suspension as long as you are 21 years-old or older. Check out my website for an explanation of the administrative license suspension procedure. If you are under 21, and you failed to do the 10-day letter (see my website's license suspension tab for explanation), then you are likely suffering an administrative suspension for being above the under 21 legal limit of .02. In this case, you can go back to DDS in Conyers and get a work permit immediately, and as long as more than 30 days has passed since your arrest, you can reinstate your license by taking DUI school, bringing proof of completion to DDS (in Conyers) and paying a reinstatement fee of $210.

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Please check with your Attorney about your license.I am not from your state,however when you were arrested the sequence of events you describe are fairly common across the country.After the arrest for DUI,your license was seized by the officer ,who will sooner or later turn the license into your DMV,or like department.At that point two different hearings are put in motion:one the DUI proceeds to court,and two the DMV deals with license suspension.Sometimes these two hearings happen close together in time,and sometimes not.Does your court appointed attorney also repsent you in the DMV hearing? If not please contact him to do so,and if he can not you will have to hire your own attorney to repsent you. Since you did not clear that up( it i s your responsibility to have a valid license) you have now been given a driving while license suspended ticket to defend.Please stop driving until your attorney straightens this license issue out,it is ovibious that your license has been suspended for the DUI arrest.

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It appears from the facts you have posted that the arresting officer might have requested a "DDS-1205" interim license suspension. Here in Georgia, an officer may request that the Department of Driver Services suspend your privilege to drive (your driver's license) because you either a) refused to submit to a chemical test of your blood, breath, or urine, or b) you submitted to the State test, but exceeded the legal limit. If the officer requested this suspension, you would have had to sign a receipt for the suspension request at the jail, as this would have allowed you to contest the suspension within ten business days. That is the law. If you failed to contest the suspension request, then your license would have been suspended for 12 months, unless you are acquitted of DUI, or accept a plea to a charge other than DUI.

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The advice you have been provided is excellent. You should be able to go to the Clerk's office at the Court and get copies of the entire case or be provided them by you PD. Most PD are prevented from getting involved in Administrative hearing as they are civil in nature. As you may have gleaned from the earlier answers, you must nail down your present status and privilege to drive and going to Conyers with papers in hand my help you make that determination. Remember that the PD, is not handling the ALS side of your case, so you might want to get some advice soon.

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