In case of a second DUI, is it possible to get a license suspension overturned in the home state when the state of the offense issued a restricted license?

I received my first DUI 4 years ago in GA and a second DUI in AR this year. After a hearing, AR granted me a unrestricted license with the use of an interlock device. GAsecond , my home state, suspended my license for a year. Is this a decision that can be appealed?

Asked on September 15, 2011 under Criminal Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can appeal the suspension of your driver's license in your home state of Georgia as a resut of your second driving under the influence offense, however, under Georgia law, a second offense for driving under the influence typically results in an automatic suspension for a person holding a Georgia driver's license.

You need remember, each state has different laws and as such has their own discetion upon how to enforce them. Georgia is taking the position that the Arizona arrest is a second offense resulting in your driver's license's suspension. Having a driver's license is a privilege and not a right. You will need to retain a criminal defense attorney to asisst you in any appeal of the suspension of your Georgia driver's license.

My experience is that you will have an uphill battle in overturning this suspension.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.