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Can I get a GA license while my GA DUI case is still pending? I'm military and have an out-of-state CA driver's license.
Anonymous6 views5 answers
GA seized my CA license and supposedly sent it to the Atlanta DDS. I have lived in GA for about a year for training. I will likely plead guilty to DUI Less Safe. Before I enter the plea, can I still get a GA license prior to the case disposition, even though my CA license has been taken by GA law enforcement? I've already completed 40 hrs of community service and DUI School in GA. I'd like to face the GA penalties as a GA resident since I cannot return to CA for 3 months of CA DUI School. My CA license is clean; first offense in GA only. PCSing to Germany. I don't know if GA has reported my arrest to CA yet. I have a 180-day permit to drive in GA.
Make sure you send in the 10 day letter if you refused the state administered test. If you agreed to the test and blew over the limit then you can take the risk reduction course and show proof to DDS and get your license back after 30 days. If you plea guilty or are convicted of dui you will lose your license again for 120 days if it's your first DUI conviction.
Sounds to me as though you have "submitted" to a blood test. More difficult for the state to prove and new case law may help you significantly. Sounds also like you want to continue your military career. I would check out www.teamdui.com for best DUI lawyers in your area. You need really good help now.
If you sent in your 10 day letter and went to your ALS hearing then you should be able to get a Georgia license (assuming you can prove residency). Of course that also depends on if you took the breathalyzer at the jail, and other things of that nature that would affect both your plea and ability to obtain/keep driving privileges.
Was your license administratively suspended by Georgia? If not, you can get a GA License. If you were administratively suspended then you have to reinstate your CA license and your privilege to drive in GA before you can get a GA license. As a former Atlanta DUI prosecutor, and someone who practices in Fulton County frequently, I advise you not to simply plead guilty to the DUI. I recommend at least binding the case over to Fulton County. Fulton County misses statute of limitations dates, loses cases, and frequently can't get their officers into court for motions and trials. Many "solid" DUI cases get dismissed in Fulton County due to their lack of organization.
You are in a tough and potentially confusing situation. A 180 day permit indicates the arresting officer attached the DDS 1127 - 180 temporary permit to your citation pending the results of the blood test. The officer may or may not have subsequently submitted a DDS Form 1205-S after receiving the results of your blood test. If the officer did not file a DDS Form 1205-S, you should be able to get a license prior to your plea (DDS does not hold your license, so you will need to request a license from your issuing state). If the officer did submit a DDS Form 1205-S, you should have received notice in the mail and you only have ten business days to request an administrative hearing. If you do have an administrative license suspension hearing, you should be able to enter into a consent withdrawal agreement with the officer to withdraw the administrative suspension. Once the administrative suspension is withdrawn and you have a license from your issuing state, you can convert over to a Georgia license before entering your plea. If the administrative suspension is already in effect, or if you enter a plea prior to withdrawing the administrative suspension, you will not be able to get a Georgia license until the suspension of your Georgia driving privileges has been completed. i would suggest you consult with a local attorney to help you navigate through this legal maze (as well as explaining the potential "Williams" issues concerning the admissibility of a blood test obtain via Georgia's implied consent law).