Getting a limited driver permit will be a challenge for regular commutes,
but the odds may seem insurmountable if you are a commercial driver.
Truckers, bus drivers, package delivery, and other professional drivers
will face particular challenges.
Generally, you are not required to tell an employer that you have been
arrested for DUI or convicted of DUI. If you have a written contract or
agreement with your employer or if there is an employee handbook, you may
be required to disclose an arrest for DUI due to the provisions of those
documents. Some professions require that you disclose an arrest for DUI to
a professional review board. Before you do so, you should consult with your
attorney to discuss your particular situation.
For many professions, it would be a good idea to speak with an employment
or labor law attorney that knows the particular requirements of that area
of employment. For instance, doctors, lawyers, physicians, pilots, nurses,
pharmaceutical representatives and real estate agents should consult with
an attorney familiar with employment law in those particular fields. If you
are not specifically required to tell you employer about a pending DUI
charge, then you may wish to withhold this information. A background check,
though, will reveal such information. Sometimes it’s wiser to disclose this
information on your own initiative rather than have an employer discover
it. The attorneys at Thomas and Willis can provide counseling and advice
about this important decision.
In Georgia, a conviction for DUI will result in the suspension of your
Georgia driver’s license or, if you are licensed out of state, privilege to
drive in Georgia. The length of the suspension, and the eligibility for a
limited permit, vary depending on the number of prior convictions you have
had in the last five years. In addition, prior administrative license
suspensions can impair your ability to get a limited driving permit.
If this is your first DUI conviction within five years,
your driver’s license will be suspended but you can apply for reinstatement
after 120 days. During your 120-day suspension you can apply for a limited
driving permit, if licensed in Georgia. A limited permit will allow you to
drive for most work related purposes and court ordered driving such as
getting to probation meetings or to perform community service. It cannot be
used for out of state driving, however.
If you have an out-of-state license you may still be eligible for some type
of limited permit. This depends on the laws of your home state. The
attorneys at Thomas and Willis have access to a network of out-of-state
lawyers who can held advise you on how to get a limited permit in even if
you’re not licensed in Georgia.
You cannot get a limited permit if your license has been administratively
suspended for refusing a state administered blood or breath test. To avoid
this type of suspension and at least retain your ability to get a limited
permit you should contact a lawyer within ten business days of your arrest.
A conviction for a second DUI within a five-year period carries a one year
suspension of your license. However, you may be eligible for a limited
permit after 120 days upon showing proof to the Department of Driver
Services that you have enrolled in a DUI court program or similar approved
alcohol treatment program. Such a permit typically also requires the
installation of an ignition interlock device on every vehicle owned or
registered to you. An ignition interlock device requires you to give a
breath sample to insure you have no alcohol in your system before you can
start your vehicle.
A third DUI conviction within a five-year period carries an even longer
suspension of five years and limited permits are much more difficult to
Limited permits are also available if you have been administratively
suspended but only if you submitted to a state administered breath or blood
test and do not have a prior administrative suspension. A permit is not
available if you were administratively suspended for refusing to take a
state breath or blood test. In this case your license will be suspended for
one year with no limited permit. A refusal suspension can only be lifted by
getting the underlying DUI case dismissed or being found not guilty. If you
are subject to such a suspension, contact a lawyer immediately. A lawyer
may be able to expedite your case to potentially shorten this suspension.
The attorneys at Thomas and Willis can help you in this complicated area of
criminal and traffic law.