Can I Keep My License After a DUI if I Wasn’t Convicted Yet?

You’ve been arrested for DUI in Georgia, but your criminal case hasn’t gone to trial yet. You haven’t been convicted of anything. So why is the state already trying to take your license?

This confusion is one of the most common issues people face after a DUI arrest. The reality is that Georgia runs two separate legal processes after a DUI arrest: the criminal case and the administrative license suspension. The license suspension doesn’t wait for a conviction, and if you don’t take action quickly, you can lose your driving privileges long before your day in court.

Here’s how to keep your license after a DUI while your case is still pending.

Two Separate Processes Start at the Same Time

When you’re arrested for DUI in Georgia, two things happen simultaneously:

The criminal case: This is the DUI charge itself, handled in criminal court. It can take weeks or months to resolve. You’re presumed innocent until proven guilty.

The administrative license suspension (ALS): This is handled by the Georgia Department of Driver Services (DDS) and is triggered by either refusing the chemical test or testing at or above the legal limit. Under O.C.G.A. § 40-5-67.1, the ALS process begins the moment you’re arrested, not when you’re convicted.

The administrative suspension is not a punishment for being convicted of DUI. It’s a consequence of what happened at the time of your arrest: either your test results or your refusal.

You Have 30 Days to Protect Your License

Regardless of what happens with your criminal case, you have 30 days from your arrest date to take action on the administrative side:

Option 1: Request an ALS hearing. Filing this request preserves your driving privileges with a temporary permit until the hearing takes place. At the hearing, your attorney challenges the grounds for the suspension.

Option 2: Install an ignition interlock device. Under O.C.G.A. § 40-5-64.1, you can opt for IID installation within 30 days to maintain limited driving privileges for 12 months.

If you miss the 30-day window, the suspension takes effect automatically, regardless of whether your criminal case has even had its first court date.

What Does the Temporary Driving Permit Allow?

After your arrest, the officer should have given you a temporary driving permit (the 1205 form). This serves as your license for 30 days and allows normal driving during that period.

If you request an ALS hearing within 30 days:

• DDS issues a new temporary permit that extends your driving privileges until the hearing
• You can continue driving normally until the hearing takes place
• If you win the hearing, your license is fully restored
• If you lose, the suspension takes effect from the date of the hearing decision

If you chose the IID option within 30 days:

• You receive a limited IID driving permit
• You can drive only for approved purposes (work, school, treatment, court)
• The IID must remain installed for 12 months

What Happens to Your License if You Win the Criminal Case?

Here’s where people get confused. The criminal case and the administrative suspension are separate. Winning one doesn’t automatically affect the other.

If your DUI is dismissed or you’re acquitted:

• The criminal case is over, but the administrative suspension may still be in effect if you didn’t successfully challenge it through the ALS process
• However, if the DUI charge is dismissed because of a procedural error that also affected the ALS process (for example, an unlawful stop), your attorney may be able to use that outcome to challenge the administrative suspension

If your DUI is reduced to reckless driving:

• The DUI conviction is avoided, which means no criminal case-related license suspension
• But the administrative suspension from the arrest (based on the test result or refusal) may still apply unless it was separately overturned at the ALS hearing or the 30-day IID option was exercised
• A reckless driving conviction does not carry an automatic license suspension, so your driving record is better off than with a DUI conviction

If you’re convicted of DUI:

• The court imposes its own license-related penalties in addition to any administrative suspension already in effect
• For a first DUI within 5 years, the criminal conviction triggers a license suspension that may run concurrently with the administrative suspension
• You’ll need to complete the DUI Risk Reduction Program, pay the reinstatement fee, and meet all DDS requirements before your license is restored

Does Your Employer Need to Know?

While your case is pending, a DUI arrest is not a conviction. However, some employers require disclosure of arrests, not just convictions. This is particularly common in:

• CDL positions where your employer may be notified by DDS about the administrative suspension
• Government and security clearance jobs that require ongoing disclosure of arrests
• Healthcare and education positions with reporting obligations

If you’re unsure whether to disclose, consult with your attorney. Protecting your employment while your case is pending is part of the overall defense strategy.

Staying on the Road While Your Case Is Pending

The goal during the pre-trial period is to maintain your driving privileges while your attorney works on the criminal defense. Here’s how:

• Act within 30 days. This is non-negotiable. Whether you request the ALS hearing or install an IID, acting within the 30-day window preserves your ability to drive.
• Comply with all bond conditions. If the court imposed conditions of bond (no alcohol, check-ins, drug testing), comply with every one. Violating bond conditions can result in additional restrictions on your driving privileges.
• Don’t drive if your license is suspended. If you missed the 30-day deadline and the suspension took effect, driving on a suspended license is a separate criminal offense under O.C.G.A. § 40-5-121. A conviction adds more problems to an already difficult situation.
• Keep all documentation. Hold onto your temporary permit, any correspondence from DDS, and proof of IID installation or ALS hearing request.

What if Your License Was Already Suspended Before the DUI?

If your license was already suspended for a prior DUI, traffic offense, or failure to maintain insurance at the time of your arrest, the new DUI arrest adds a second layer of suspension. Each suspension must be resolved independently through DDS. Your attorney can help identify the most efficient path to restoring your driving privileges across multiple suspension issues.

Arrested for DUI in Georgia? Protect Your License Now.

You don’t have to wait for a conviction to lose your license, and you don’t have to accept the suspension without pushing back. The 30-day deadline is the most critical window in your case.

At J. Ryan Brown Law, we protect driving privileges for DUI clients in Newnan, Coweta County, and throughout Georgia. We handle ALS hearings, IID applications, and criminal defense simultaneously. Contact us today for a consultation.