The Disadvantages of Georgia’s New Administrative License Law

As for July 1, 2017, Georgia has amended its DUI laws to include both new options and new restrictions.  

Under the previous law, there were no options.  Accused DUI drivers had a limited period to request a hearing or their driver's license would be suspended.

With the new Georgia DUI Law, Georgia license-holders have two options, to appeal their license suspension within 30 days, or to install an ignition interlock on their vehicle within 30 days. 

We have previously covered the advantages of Georgia’s new Administrative License Law, in this article, we will cover the disadvantages of Georgia's New Administrative License Law. 

There are ten disadvantages of Georgia's New Administrative License Law: 

The first disadvantage is that so many potential drivers cannot benefit from the new Georgia DUI law.  For example, drivers under the age of 21, Commercial Truck Drivers, people who have had a prior offense within five years, and out of state license holders cannot avail themselves of the benefits of the new law.

The second disadvantage is that if a person elects to have an interlock installed, and they later win their case, the interlock must remain on the vehicle in spite of the dismissal of the charges. This applies in cases where the driver allegedly refused to take the state-administered breath or blood test. 

The third disadvantage is that ignition interlock devices are expensive to install and to maintain.  Essentially, you are taking your vehicle to a service center to install it and then maintain it monthly.

The fourth disadvantage is that a person cannot change their mind once they either decide to appeal their suspension or install the ignition interlock device.

The fifth disadvantage is that drivers of company vehicles may subject themselves to scrutiny because their company owns the car, not them.  

The sixth disadvantage is that it is unclear whether people can rent vehicles when on business or pleasure trips.  The law seems to imply that renting another vehicle would be a violation of the ignition interlock permit. 

The seventh disadvantage is that at Georgia ALS Hearings, we attorneys use those court appearances to discuss the merits of our client's cases with the arresting police officer.  Many cases are favorably settled through this time to have an informal discussion with the police officer involved in the case.  In fact, sometimes the police officer can even be convinced to put in a good word for our client. At the very least, Georgia Administrative License Hearings help us to understand the good and bad parts of our client's case.  

The eighth disadvantage is that some police officers may decide to be less inclined to settle a case if our client elects to have an ALS Hearing and file the 30 day ALS License Appeal.  Police officers may assume that filing an appeal means we are fighting the case from the beginning. 

The ninth disadvantage is that people may wait until the last minute to seek help because they have 30 days to appeal their license suspension in Georgia or install an ignition interlock device.  In the past, there was only one option, to appeal.  As a result, when people called us on the last day, we filed the appeal.  Now, since there are two options, when people who call us on the last day, we will not have enough information as to how to advise the caller.  The result may be the caller making the wrong choice. 

The tenth disadvantage is that people now have a period of uncertainty and may fall victim to misinformation about the new law.  Frankly, some Georgia DUI lawyers have even read the new law or understand it.  People may, as a result, make the wrong choices.  This Georgia DUI Information website is updated every time our laws change.  Check back often because they change often!

Remember, if you are reading this article you will likely have been charged with a DUI in Georgia.  You have new options; however, no decision should be made until you have called a top-rated Georgia DUI Lawyer.  Call now.  We will advise you as to what is the best decision insofar as your options are concerned. Your Best Georgia DUI Defense Begins Here!