Can I Drive While Waiting for My DUI Hearing in Georgia?

The moment you’re arrested for DUI in Georgia, the clock starts ticking on your driving privileges.

After a DUI arrest, many people are confused about their driving status. Can you still drive to work? Can you drive to your court appearances? What paperwork should you keep with you? These questions need immediate answers, as the consequences of driving on a suspended license can be severe.

The good news is that in many cases, you can continue to drive after a DUI arrest in Georgia—but only if you take specific actions within strict deadlines.

Can I Continue to Drive After a DUI Arrest in Georgia?

Yes, you can typically continue to drive after a DUI arrest in Georgia, but with important caveats and deadlines.

When you’re arrested for DUI in Georgia, you’re innocent until proven guilty in the criminal case. However, the Georgia Department of Driver Services (DDS) handles a separate administrative process that can affect your driving privileges long before your criminal case concludes.

Here’s what happens to your license immediately after arrest:

The officer takes your physical license: This doesn’t automatically suspend your driving privileges—it’s primarily taken as “bond” to ensure you’ll appear in court.

You receive temporary driving privileges: The officer should provide you with either:

• A copy of your citation, which serves as a temporary license, or
• A DDS Form 1205 (if you refused testing or had a BAC over the legal limit), which serves as your temporary license for 45 days

30-day countdown begins: From the date of your arrest, you have 30 days to take action to protect your driving privileges before an automatic license suspension takes effect.

During this initial period, you can legally drive as normal. However, you must carry your temporary license documentation with you whenever you drive.

You Have a 30-Day Window to Protect Your Driving Privileges

After a DUI arrest in Georgia, you have exactly 30 days to take action to prevent an automatic license suspension. You have two options:

Option 1: Request an Administrative License Suspension (ALS) Hearing

You can challenge the automatic suspension by requesting an ALS hearing within 30 days of your arrest. This requires:

• Submitting a formal request to the Georgia Department of Driver Services
• Paying a filing fee (typically $150)
• Providing all required information about your case

If you properly request this hearing, your driving privileges remain intact until the hearing occurs, which could be months after your arrest. If you win the hearing, your license won’t be suspended administratively.

Option 2: Install an Ignition Interlock Device

As an alternative to requesting an ALS hearing, you can:

• Apply for an Ignition Interlock Device Limited Permit (IIDLP)
• Install an ignition interlock device in your vehicle at your expense
• Submit proof of installation to DDS within the 30-day window

This option allows you to continue driving but requires you to blow into the device (which tests for alcohol) every time you start your vehicle.

Important: If you do nothing within this 30-day window, your license will be automatically suspended, and you will not be able to legally drive.

What Happens if I Miss the 30-Day Deadline?

If you fail to either request an ALS hearing or install an ignition interlock device within 30 days of your arrest, your license will be automatically suspended. The length and terms of suspension depend on your specific situation:

First DUI Offense

• If you submitted to testing: 30 day suspension, but you may be eligible for a limited permit
• If you refused testing: 1-year suspension with no limited permit

Second DUI Suspension (within 5 years)

The suspension is increased to 18 months.

Third or Subsequent DUI Offense (within 5 years)

5-year suspension with very limited options for restricted permits

Once your license is suspended, driving for any reason—including to court appearances—is illegal and can result in additional charges.

Can I Drive to My DUI Court Appearances?

Whether you can legally drive to your DUI court appearances depends entirely on your license status:

• If you timely requested an ALS hearing: Yes, you can generally drive as normal, including to court appearances, at least until there is a disposition in your ALS hearing.
• If you installed an ignition interlock device: Yes, you can drive to court and other places explicitly listed as a permissible destination with your limited permit – like work.
• If your license is suspended: No, you cannot legally drive to court or anywhere else unless you have a limited driving permit that specifically allows for court-related travel.
• If you have a limited driving permit: You can only drive to locations specified in your permit, which typically includes court appearances.

Driving to court on a suspended license without a permit is illegal, even if you’re required to appear. The court will not excuse this violation simply because you were coming to your hearing.

How About Limited Driving Permits?

If your license is suspended after a DUI, you may be eligible for a limited driving permit that allows restricted driving for specific purposes:

• Traveling to and from work
• Attending school
• Receiving medical care or prescribed treatment
• Attending court-ordered programs (like DUI school)
• Attending court appearances
• Meeting with your probation officer
• Performing community service

These permits have strict limitations on when and where you can drive. Driving outside these parameters is a criminal offense that can result in additional charges and penalties.

Important: If you refused testing at the time of arrest, you will face a “hard suspension” period (1 year for a first refusal within five years) during which you are not eligible for any limited permit.

Frequently Asked Questions About Driving After a DUI in Georgia

What documentation should I carry when driving after a DUI arrest?

If the officer took your physical license, you should carry your citation and the DDS Form 1205 you received, as this serves as your temporary license. If you have a limited permit, you must carry it with you at all times while driving.

What if I’m licensed in another state but got a DUI in Georgia?

Georgia cannot suspend your out-of-state license, but they can suspend your privilege to drive in Georgia. Additionally, Georgia will likely report your DUI to your home state, which may take action against your license according to that state’s laws.

If I win my ALS hearing, does that mean my DUI case is dismissed?

No. The ALS hearing only addresses your driving privileges. The criminal DUI case proceeds separately, and you can still face criminal penalties even if you win your ALS hearing.

Can I drive after being convicted of DUI?

If you’re convicted of DUI in criminal court, your license will be suspended regardless of what happened in the administrative process. The length of suspension and eligibility for limited permits depend on your specific case and prior history. We can assist many drivers with securing a limited permit, even if they are convicted of DUI.

Act Now to Keep Your Driving Privileges

At J. Ryan Brown Law, we understand that maintaining your ability to drive is crucial for work, family responsibilities, and daily life. The 30-day window after a DUI arrest is critical. The sooner you contact us, the better we can protect your driving privileges and defend your case.

Contact J. Ryan Brown Law today for a confidential consultation about your DUI case. We’ll help you understand your options for maintaining your driving privileges and develop a strategy to defend against all aspects of your DUI charge.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship.