Arrested for DUI in Helen with a license from another state

Two tracks, two states

A DUI arrest in Helen starts two separate processes in Georgia: the criminal case in court and the administrative suspension handled by the Georgia Department of Driver Services (DDS). If you are licensed in another state, there is a third question: what your home state does when it learns of the Georgia case.

What happens to your privilege to drive in Georgia

If you refused the state test, or tested at or above the limit, the officer serves a DDS 1205 notice. Georgia law applies the suspension to your license, permit, or nonresident operating privilege, which means your ability to drive in Georgia.

Your 30-day options as an out-of-state driver

The 30-day deadline from the serve date applies to you too. The DDS information sheet lists only two options for drivers currently licensed in another state:

• request an appeal (the ALS hearing, with the $150 fee), or
• do nothing, in which case the suspension begins on the 46th day after the serve date.

The ignition interlock limited permit is not listed for out-of-state licensees. You can request the hearing online through DDS Online Services, by mail, or at a customer service center; see the ALS hearing guide. A Georgia lawyer can file it for you.

The court case

Your citation names the court and the date:

• arrests inside Helen go to Helen Municipal Court, which meets at City Hall on the second Wednesday of the month at 4 p.m.;
• arrests elsewhere in White County usually go to White County Probate Court in Cleveland; and
• felony cases go to White County Superior Court.

Missing a court date can lead to a warrant and more charges. If you cannot attend, call the court or have a lawyer do so before the date, not after. The White County guide walks through each step.

What your home state may do

Most states share information about traffic convictions with each other. DDS notes, for example, that convictions of Georgia residents in other states' courts can lead to suspension in Georgia, and other states have similar rules for their own drivers. A Georgia DUI conviction may therefore affect your home license, insurance, and any program your state requires. Contact your home state's licensing agency to find out what it will do.

Paperwork to keep together

• the DDS 1205 notice, with its serve date;
• the citation, with the court name and date;
• your bond receipt and any release conditions;
• the tow and storage paperwork, if your car was towed; and
• the names and numbers of the arresting agency and the court.

Keep copies at home and on your phone. If you hire a lawyer, give them all of it at the first meeting.

Questions for a lawyer

• Do I have to come back to Georgia for court, or can you appear for me?
• What will my home state do when it hears about this case?
• Is the ALS hearing worth requesting from where I live?
• What happens to my Georgia driving privilege meanwhile?

If you were driving a rental car

Call the rental company as soon as you can. If the police towed the car, the rental company will usually need to know where it is, and it may have its own process for getting it back. Ask what it will charge and whether your rental agreement or credit card coverage says anything about towing or impound. Keep the receipts.

Getting home

Do not drive in Georgia once your temporary permit ends unless DDS or a court tells you that you may. If you cannot drive, plan another way home before the permit runs out. Ask a lawyer whether any court date requires you to come back in person, and put every date in your calendar now. If you change your address, tell the court and DDS so notices reach you.

Contacting the court from out of state

Most courts will answer basic questions by phone: the date, whether you must appear in person, and how to pay or post bond. Have your citation number ready when you call. Courts do not give legal advice, so save questions about your options for a lawyer.

Practical steps

• Write down the serve date on your DDS 1205 and count 30 calendar days.
• Keep the citation, the 1205, and your bond paperwork together.
• Arrange how you will get home if you cannot drive.
• If you hire a lawyer, ask whether they can appear for you on any dates and what you must attend in person.

Local DUI lawyers are in the directory.