Ask An Athens DUI Lawyer: Provisional Licenses and DUI Conviction

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Most people know that, if they’re convicted of DUI in Georgia, their driver’s license is going to be suspended. The hard part is figuring out how long it’ll be suspended. It really depends on the facts of your case and whether you’ve been convicted of DUI before. If it’s your first offense, your license will be suspended for a year. The good news is that your Athens DUI lawyer can request that you be granted a provisional license. This will allow you to use your vehicle for limited purposes. It’s not granted to every defendant. It’ll depend on your criminal history, the facts of your case, and your attitude. In order to find out what your chances are, call and talk to one of our experienced Athens DUI lawyers right away.

You Can Apply for a Provisional License After 30 Days

In order to apply for a provisional license, you must wait until your license has been suspended for at least thirty (30) days. You can’t even apply for a provisional license until this time has expired. Your Athens DUI lawyer will have to file a formal petition with the court to ask the judge to grant the provisional license. The judge will review all the information and ask the prosecutor what their recommendation is. Depending on what the prosecutor says, the judge will make their decision.

If granted, you’ll be given permission to drive for certain reasons. For example, you’ll be allowed to drive to and from work. You’ll also be allowed to drive to the doctor’s office or to take your kids to and from school. You won’t be allowed to use it to go to barbecues or the mall. The courts are strict about this. If you get pulled over and they see you’re driving on a provisional license, the court will be notified. If the judge so chooses, they can revoke your provisional license.

Your Athens DUI Lawyer Has to Make a Formal Request

Your Athens DUI lawyer cannot just call the prosecutor and ask if you’re allowed to drive. You must file a motion with the court. The judge will review your request along with your certification. This is just a statement certifying why you need the provisional license. If you’re a 21-year-old college student with no job and no children, there’s no guarantee they’ll approve it. However, if you’re a parent who is working, there is a good chance the judge will approve your request. You just need to make sure you don’t violate the terms of your provisional license. Not only will it be taken away, but the judge may also revoke other terms that they were lenient about. For example, the judge may order that you install an ignition interlock device once your license is reinstated. It will depend on the circumstances surrounding your violation.

You May Not Qualify for a Provisional License

There are certain instances in which the court will not approve your request for a provisional license. If you had refused the breathalyzer test when you were pulled over, you won’t qualify for a provisional license. The same is true if you were charged with a DUI-drug offense. For example, if you were charged with DUI because you were under the influence of methamphetamine or heroin, the judge isn’t going to approve your request. Your Athens DUI lawyer will advise you of this before you waste your time filing the petition and getting your hopes up. You’ll have to wait until your one (1) year suspension is up. At that point, you’ll have to deal with your ignition interlock device as well if it was court ordered.

Call and Talk to One of Our Seasoned Athens DUI Lawyers

One of our clients’ biggest concerns is having their driver’s license suspended. When it comes to a DUI conviction in Georgia, it’s unavoidable. If you’re convicted of DUI, your license will be suspended. The same is true if you refuse to take a breathalyzer test during your traffic stop. However, once you’ve served thirty (30) days of your suspension, your Athens DUI lawyer can request a provisional license. The odds of this being approved depend on the facts of your case. What your attorney can do for you is meet with the prosecutor and try to get them to recommend the provisional license. The best way to make this happen is to call and talk to one of our seasoned Athens DUI lawyers right away.