If you are arrested for DUI in Savannah, your driver's license can be suspended before your criminal case ever reaches a courtroom. In Georgia, you generally have 30 calendar days from the date you receive your administrative license suspension notice to request a hearing. If you refused the state's breath or blood test, you could be facing a one-year suspension.
That is why the first call you make after a DUI arrest matters so much.
Halloween is one of my favorite nights in Savannah. Downtown fills up, Tybee gets busy, and every neighborhood has a party going. I want you to enjoy all of it. But every year, I also hear from people whose Halloween weekend ended in the back of a patrol car.
If that is you, take a breath. You have rights, you have options, and the deadlines are manageable if you act quickly. Here is what you need to know.
The safest plan is the one you make before your first drink: decide how you are getting home, and stick to it. Halloween also puts more kids and costumed pedestrians on dark streets, so the National Highway Traffic Safety Administration (NHTSA) urges drivers to watch for people crossing unexpectedly.
Before you head out:
I also want you to know this: in Georgia, you can be charged with DUI even if your blood alcohol concentration (BAC) is under 0.08%.
Under O.C.G.A. § 40-6-391, you can be charged with DUI "less safe" if alcohol made you less safe to drive. A BAC of 0.08% or higher is a separate basis for a DUI charge for drivers 21 and older.
During a DUI stop, stay calm, follow lawful instructions, and understand the distinction between required information and voluntary cooperation. Here is what I tell people:
Yes. Roadside tests like the walk-and-turn and one-leg stand are voluntary in Georgia, and if you refuse them, the State cannot introduce evidence of that refusal against you at your criminal trial.
In Ammons v. State (2022), the Georgia Supreme Court held that the Georgia Constitution's protection against self-incrimination covers field sobriety tests that require your cooperation, along with the preliminary roadside breath test.
That does not mean saying no will keep you from being arrested. Officers can still rely on what they saw and heard during the stop.
It is also important to know that roadside tests and the state-administered breath, blood, or urine test after an arrest are two very different things, with very different consequences. I cover that below.
For more detail, read my guides:
Have questions about a recent DUI stop? Call The Ozer Law Firm at (305) 788-0187 to discuss what happened.
You generally have 30 calendar days from the date your administrative license suspension notice is issued or served to request a hearing. Miss it, and you can lose your chance to challenge the suspension.
This is the deadline I worry about most for new clients, because so many people don't know it exists.
A Georgia DUI arrest can involve two separate proceedings: the criminal DUI case and an administrative license suspension proceeding.
| Criminal DUI case | Administrative License Suspension (ALS) | |
| What it decides | Whether you are guilty of DUI and what penalties apply | Whether the proposed administrative suspension is upheld |
| What triggers it | The DUI charge | A qualifying test result, or refusing the state-administered test |
| Where it happens | Criminal court | An administrative hearing |
| Key timing | Court dates and other deadlines set in your criminal case | 30 calendar days from your suspension notice |
The two run on their own tracks. You could still be waiting on your first court date when your license suspension kicks in.
Under Georgia's administrative rules, your hearing request must be received or postmarked within 30 calendar days of the date the notice of intent to suspend (Form 1205 or 1205S) was issued or served. A nonrefundable $150 filing fee applies.
In most cases, the officer hands you that notice at the time of your arrest, so the clock is often already running before you get home. But the deadline is tied to the notice, so check the date on your paperwork.
The Georgia Department of Driver Services explains how to submit a hearing request.
Depending on your situation, you may also be eligible for an ignition interlock limited driving permit. If you obtain the ignition interlock device limited driving permit under this ALS alternative, you waive your right to an ALS hearing.
Please talk to an attorney before you pick either path.
For more, see my step-by-step guide to Georgia ALS hearings.
Yes. If you refuse the state-administered breath, blood, or urine test after a DUI arrest, Georgia can suspend your license for one year. That comes from Georgia's implied consent law, O.C.G.A. § 40-5-67.1.
But not every DUI arrest ends in a one-year suspension. What happens to your license depends on things like:
Even a first DUI arrest can create real problems for your license. Do not wait for your criminal case to resolve before addressing your license. A dismissal or other favorable outcome may affect the administrative suspension, but your license deadline can arrive much sooner.
I will be honest with you, because that is how I practice: hiring an attorney does not guarantee you will keep your license. What it does is give you a clear picture of your options before the deadline passes, instead of after.
Unsure what your suspension notice means? Contact The Ozer Law Firm at (305) 788-0187 to review your deadline and options.
If you receive a notice of intent to suspend your license, you generally have 30 calendar days from the notice’s issuance or service date to request an ALS hearing and pay the required $150 filing fee.
Because your license deadline can come and go before your first court date, and the evidence in your case is easiest to review early. You should not have to figure out Georgia's DUI process alone.
I'm Jennifer L. Ozer, and I have been practicing criminal defense in Savannah since 2010. I opened The Ozer Law Firm in 2015 so I could work closely with every client, and DUI defense is a primary focus of my practice. I represent people in Chatham, Bryan, Liberty, and Effingham Counties.
When you hire me, I look at every part of your arrest, including:
Those details matter. In March 2026, I got a DUI case dismissed after reviewing the body cam footage and showing that the trooper's report was full of inconsistencies. My client kept his commercial driver's license and his job. Every case is different, and past results do not guarantee a future outcome, but that is the kind of work I put into every file.
I also believe in being straight with people. As I say on my bio page, "I do not tell my clients what they want to hear but rather what they NEED to hear." When your license and your future are on the line, you deserve the truth about where you stand.
Halloween should be about the costumes and the parties, not a decision that follows you for years. If you are going out, make a plan to get home safely.
And if your night ended with a DUI arrest in Savannah, Tybee Island, or anywhere in Chatham, Bryan, Liberty, or Effingham County, you may have just 30 days to protect your license.
I will review what happened, explain your options in plain language, and fight to protect your rights, your license, and your future. I am here for you every step of the way.
You Call, Ozer Answers.
Call (305) 788-0187 or contact The Ozer Law Firm to schedule your free consultation. Payment plans are available.
Yes. Georgia allows a DUI "less safe" charge when alcohol makes you less safe to drive, even if your BAC is below 0.08%.
Generally 30 calendar days from the date your notice of intent to suspend (Form 1205 or 1205S) was issued or served. The request must be received or postmarked by then, with a $150 filing fee.
No. Refusing the state administered test after arrest can lead to a one-year administrative suspension, but other situations follow different rules and timelines.
Yes. Under Ammons v. State (2022), the Georgia Constitution protects your right to refuse field sobriety tests that need your cooperation and the preliminary roadside breath test, and that refusal cannot be used against you at trial. Refusing the state-administered test after arrest is different and can cost you your license for a year.
Contacting an attorney promptly can help you address a license deadline that may arrive before that appearance. Your 30-day license deadline can pass before your first court appearance, and an attorney needs time to review your notice, the evidence, and your options.
Jennifer L. Ozer of The Ozer Law Firm, at 1111 Bull Street in Savannah, defends people charged with DUI in Chatham, Bryan, Liberty, and Effingham Counties. Free consultations are available at (305) 788-0187.
One call can make all the difference. Reach out now and let us start building the defense you deserve.
