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Refused alcohol testing & drivers license was taken. My license is still valid -not suspended yet- Can I get another at the DDS?

Smyrna, GA |

State of Georgia.
Incident date: June 8, 2013.
Suspected of DUI by an officer, and I did not blow into the alco-sensor nor do a field test.
I was arrested. My drivers license was confiscated from me.
Valid GA license with No prior suspensions, No revocations, No prior "refusals" etc.
I DID mail in My request as per instructions to receive an ALS hearing, and have received a hearing date etc as well as a document titled "Extension of Temporary Driving Permit" which is valid for 90 days from the issue date.
The current official status of My drivers license is "Valid". It has not been suspended yet.
I need ID direly. Can I go to the DDS and request a "Lost/Stolen License Replacement"? Or am I only eligible for an ID card? I wish to handle this problem today.

My ALS hearing isn't until August 5. License was taken June 8.

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Attorney answers 4


You can not get a drivers license until the ALS hearing is over. You can get an ID card. I strongly suggest you get an DUI Lawyer to help you out or you could end up with a license suspension and a conviction.


They will not give you a replacement license, but you do have your driving privileges and can get a state-issued ID card that looks like a license. That combined with the temporary permit issued upon arrest will have to do for now. If you haven't already, you need to send a letter along with $150 to Department of driver services to protect your license. This sounds like a defensible case that could be dropped down to reckless driving, but you need to act quickly. Call around and find a DUI lawyer who you're comfortable with and who fits your budget. Feel free to call me anytime at 404-987-0245 to discuss in more detail at no charge. Best wishes

Kevin Aaron Chastine

Kevin Aaron Chastine


Sorry, looks like you did request the hearing already. But the ID card is all you can get at the moment. After the ALS hearing, you should be able to get a new, physical license if the negotiations with the officer go the right way at that hearing. This is one of the best reasons for getting representation--to get your license back and also to get the dui charge reduced.


You can get only an ID. Georgia DDS is in the process of taking your DL, so they won't give you a fresh one.

Did you remember to send your $150 along with your 10-day letter? Your hearing should be here in Marietta, on Lemon Street if the DUI was in Cobb.

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No. If you try to get a new, hard, plastic license a hold will show in the computer, and they will not issue you one. About a week after you clear the hold at your ALS Hearing you will be able to get another license. The Office of State Administrative Hearings (OSAH) mails the withdrawals from the ALS Hearings to DDS, and it takes about a week to 10 days to input them into the system. Do not attempt to get a new license now because you have to sign an affidavit swearing/affirming that your license is not being held by law enforcement. While I have never heard of anyone being prosecuted for making a false affidavit to DDS it is best not to risk it. Your ALS Hearing should be scheduled with 45 to 60 days of your mailing your 10 Day Appeal Letter.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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