If you are arrested for DUI in Georgia, the arresting officer could take your license and submit a petition to suspend your driver’s license, administratively. You only have ten (10) business days to request a hearing (administrative license suspension hearing), otherwise, your driver’s license could be suspended for one year, if it is your first DUI in five years. This is not double jeopardy either.
While at the hearing, if the officer shows you have three options:
- Have a hearing with the administrative law judge.
- Have the officer do a unilateral withdrawal of the suspension notice.
- Do a joint withdrawal of the suspension. If you opt for number three, you must agree to plead guilty to DUI in court. In some cases you could get the officer to agree to a reckless driving as well. If you go with the withdrawal the agreement could be a negative if you change your mind on pleading guilty.
First, the officer can vacate the agreement and you will be suspended. Secondly, the prosecutor can use the agreement of pleading guilty in your criminal trial. In Flading v. State, 759 S.E. 2nd 67 (2014), the Georgia Court of Appeals held the agreement is admissible at trial.