Visiting Atlanta? When a Georgia DUI impacts an out of state drivers license, it has a huge impact.A Georgia DUI has a significant impact on an out of state driver’s license.
Atlanta is a key city for business travellers, tourists and sports enthusiasts from around the nation. Out-of-state travelers flock through Atlanta for conferences at the Georgia World Congress Center, concerts, the city’s rich culture and dining, and more. But an unexpected meeting with local police can – and does – quickly turn a business trip or a vacation into a legal nightmare. A frequent mistake made by visitors to Georgia who are arrested for driving while intoxicated is to believe that the charges will go away after they get home. The truth of the matter is that a Georgia DUI arrest has a chain reaction that has a direct effect on your driver’s license in your home state.
Many out-of-state drivers make the mistake of thinking that since they don’t have to physically remove an out-of-state driver’s license, then it is beyond the control of the state. Yes, a Georgia court can do nothing to a license issued by a court in Florida, Tennessee, New York, or any other State, but a Georgia court does have the authority to suspend your privilege to operate a motor vehicle within the State of Georgia. More importantly, under the national interstate agreements, what goes on in Georgia doesn’t stay there!
The most important way to share this information between states is through the Interstate Driver’s License Compact, the Driver License Agreement and the Non-Resident Violator Compact. Almost all states in the country are involved in such agreements. In these agreements, if an out-of-state driver gets arrested or convicted of a traffic-related offense in Georgia, such as a DUI, the Georgia Department of Driver Services notifies the out-of-state driver’s home state department of motor vehicles. Your home state will then treat the conviction or administrative suspension just as if it were on their roads, and apply their own laws and penalties to your home license.
Georgia has an administrative license suspension process in addition to a criminal court process, which starts at the time of arrest. If you refuse a chemical breath test or blood test in Georgia, you will be automatically suspended. If your test contains a blood alcohol concentration above the legal limit, you will be automatically suspended. You must submit your administrative appeal or ignition interlock device permit within 30 days of arrest. Failure to comply with this deadline when you’ve returned home to Georgia will result in the revocation of your driving rights in the state. After that “advised” suspension is made in the national data base, your home state will likely send a suspension against your main driver’s license.
Operating from hundreds or thousands of miles away when dealing with a criminal charge can be challenging and complex in both the operational and legal aspects. Being forced to appear in more than one court in Fulton County, DeKalb County, or the Atlanta Municipal Court can wreak havoc on your job, your family and finances. For most people, it is not feasible to fly back to Georgia for each of the routine calendar calls or court dates.
The good news is that you can deal with a lot of the court work without getting on the plane to go to court, as you can hire local legal help. In many cases, a local attorney with experience will be able to draft formal waivers that permit him to plead in court on your behalf for pre-trial hearings, negotiations and administrative motions. This greatly reduces your travelling while your constitutional rights are strongly asserted in the local courtroom.
A DUI in an out of state jurisdiction must be defended with an understanding of the processes in Georgia courts as well as the interstate reporting system, which links state licensing agencies. An experienced traffic defense attorney can challenge the legality of the initial traffic stop, review to see if law enforcement gave the proper implied consent warnings and can help settle or drop the charges before they lead to serious consequences with the police back home.
When arrested for DUI in the Atlanta area, if you are an out-of-state resident do not put off getting representation. Time is very important, particularly the 30-day administrative period for preserving your driving license. Having a dedicated Atlanta DUI Lawyer on your side means someone who understands the courts, the law and how to keep your license safe, not only in Georgia, but in your home state as well. Hiring an experienced Atlanta DUI Attorney like James Yeargan will provide you with the strategic defense you need to protect your criminal record, your driver’s license, and your future.
