What Do You Do if Your License Has Been Suspended for Refusing a DUI Test?
If this suspension is based upon your refusal to submit to blood/breath/urine test,
- your license will remain suspended for a period of at least one (1) year,
- You will not be eligible for a limited driving permit, and
- this suspension is not subject to early reinstatement.
You may receive credit for the time served on this suspension toward satisfaction of the suspension of your driver’s license for driving under the influence if you are convicted in the criminal case related to this suspension. You must win your criminal DUI case or get your DUI reduced in order to re-obtain your driver’s license prior to the expiration of 12 months.
Georgia Law Regarding Suspension of Your Driver’s License After Refusing to Submit to A State-Administered Test After a DUI Arrest (o.C.G.A. § 40-5-67.1)
If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person’s driver’s license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person’s driver’s license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.
Reinstatement of Your Driver’s License After an Administrative License Suspension for Refusing to Submit to A State-Administered Test Following a DUI Arrest
The reinstatement of your driver’s license after an administrative license suspension for refusing to submit to a state-administered test following a DUI arrest only requires the passage of time. The suspension “ages off” of the record at the end of 1 year. No reinstatement fee is required in order to re-obtain your driver’s license.