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If one's report says they failed all the dui field tests and were impaired that night, is the person allowed to keep their i.d.?

Smyrna, GA |

because the report was all wrong. but if thats the case, why was the license still registered as non-suspended?

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Attorney answers 5


The report usually will say that you performed poorly on the field sobriety evaluations. Remember, that report is written from the perspective of the arresting officer. But there are ways to cast doubt on that, with or without an arrest video. As for your license, there are several things that could be going on. If you took the state-administered chemical test, then sometimes the officer will allow you to keep your ID and won't file the paperwork to suspend the license, at least initially. Or, the paperwork may just not have been processed yet. Finally, if you filed the letter within 10 days to preserve your license and request a hearing for the license, then the license is valid in the meantime. You should consult with an experienced DUI attorney to discuss the details of your case further. Feel free to call me any time to discuss, at no charge. 404-987-0245 and best wishes to you!


Id or license? There is an administrative process for preserving your license.



i'm sorry, license.

Cory Earl Yager

Cory Earl Yager


Whether or not your license is ultimately suspended is a issue for an administrative license suspension hearing assuming you dimely file a request within 10 days from the date of arrest and send DDS a $150.00 fee. DDS has a form that you can use to request this hearing yourself. In the event that this is a first DUI in 5 years and you are a GA license holder and took a breath test with a result over .08, then the worst that could happen administratively is you would lose your license for 30 days and you can get a limited permit to drive for specific purposes during this time. After 30 days, with proof you have attended DUI school, you can get your full license back. If this is a refusal case where you declined to take the state administered chemical testing, then losing the ALS hearing would result in a 1 year hard suspension with no ability to get any type of limited driving permit.


The contents of the report nor your performance of the field sobriety tests really have nothing to do with your license suspension. It would be suspended administratively if you refused the breath, blood or urine implied consent or if your results came back more than .08. You can have an administrative hearing if you request one within ten days of the suspension notice. Hire an attorney ASAP to help you with this case.

Cory Earl Yager

Cory Earl Yager


The contents of the report and video may have some impact on the ALS hearing. The officer has the burden to prove the elements of the scope of the hearing found on the back of your DS-1205 form. You should hire an Attorney to investigate and fight for you.


There are three ways, and only three ways, that your license gets suspended in a DUI case. First, your license will be suspended upon getting a conviction for DUI. An arrest is not a conviction. You are presumed innocent until proven guilty in court. Second, you can get your license suspended for refusing to take the State administered chemical test of your breath, blood or urine. If you take the test and pass it (under the limit), you cannot have your license suspended unless you are subsequently convicted of DUI less safe. Finally, if you take the chemical test and are above the legal limit, your license can be suspended. Sometimes this will not happen immediately. For instance, when you take a blood or urine test, the sample is sent to a lab for testing. If the results later come back and you failed the test, they can suspend your license at that time.

In your case I can only assume that you either took the State's chemical test and passed it or are awaiting test results. Note that passing the chemical test does not mean that you cannot be convicted of DUI. If there is a drug or alcohol in your system and evidence of impairment (such as "failing" the field sobriety tests) you can be convicted of a "less safe" DUI. However, there is much room for defense in these cases. An experienced defense lawyer can determine whether these tests were performed and graded appropriately by the officer. If you have not retained a lawyer, you need to do so immediately.

Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399


Your drivers license will be suspended IF you are Convicted of DUI. However, it doesn't appear that you have been convicted - so your license would still be valid as far as a conviction goes. However, your license can be suspended administratively by the state. The Administrative License Suspension (ALS) can occur if you REFUSED the state breath, blood or urine test. Additionally, if you took the states test and the results showed that you were over the "Per Se" limit of 0.08 if you are over 21 years old and 0.02 if you are under 21. You MUST file a request for an ALS hearing within 10 business days and include $150 in your request. If you received a DDS Form 1205 there is a pending ALS suspension hearing pending. I would recommend that you retain the best DUI Defense Attorney to represent you - ASAP!!! The attorney will be able to guide you through this complicated process! I do not recommend that you try to represent yourself. DUI defense is very complicated. You need a highly trained DUI Defense Attorney to defend you in court! Think of it this way, when you need brain surgery, you don't try to do it yourself or get a podiatrist to perform it!!! I hope this information helps you. Good Luck!
George McCranie

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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