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

Answers:

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.


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