If you were pulled over and arrested for Driving Under the Influence (DUI), you may have received a 1205 FORM from the police. A 1205 FORM is a notice to you that the Department of Driver Services (DDS) intends to suspend your driver’s license because of your DUI arrest.
The Awad Legal Team urges you to immediately seek legal counsel after a DUI arrest from an experienced DUI defense lawyer to protect your rights, to fight your charges, and to keep your drivers license!
WHAT CAN I DO IF DDS WANTS TO SUSPEND MY LICENSE?
- You Can Fight the Suspension!
- If you had a valid drivers license at the time of your arrest, you have the right to file an appeal and request a hearing to fight your drivers license suspension.
- You must file this appeal within 30 days of receiving your FORM 1205.
- Your appeal must be in writing, and must be submitted by mail, or in person.
- Your appeal must include a $150 filing fee to the DDS (must be a check or money order if submitted by mail).
- Your appeal must include your name, current address, driver’s license number, date of birth, and telephone number (click here to see the DDS sample appeal form).
- If you file this appeal within the 30 days provided, you will receive a 90 day permit extension in the mail, allowing you to drive until your appeal is heard.
What Will Happen at My Appeal Hearing?
- All hearings to appeal an administrative license suspension (ALS) are held by the Office of Administrative Hearings and presided over by Administrative Law Judges.
- These hearings are held in accordance with the Georgia Administrative Procedures Act.
- Judges will consider whether the police had a reasonable ground to arrest you for DUI
- Judges will consider whether you were advised of your implied consent rights before you were asked to submit to a state administered chemical test
- Judges will consider whether you refused to take the state administered chemical test.
- Judges will consider if the tests were administered by a person possessing a valid permit by the GBI or with an instrument approved by the GBI.
- Judges will consider if the results of the state administered test exceed the legal limit.
|Age is 21 years or older||.08 grams|
|Age is 21 or younger||.02 grams|
|Commercial Drivers||.04 grams|
IS THERE ANOTHER WAY TO KEEP DRIVING IF I DON’T APPEAL THE SUSPENSION?
You Can Request an Ignition Interlock Device Limited Permit.
- If you are 21 years old or older, have a valid driver’s license, and have not been convicted of a DUI within the last 5 years, you can install an ignition interlock device on your vehicle.
- Once an ignition interlock is installed on your vehicle you can apply for an Ignition Interlock Device Limited Permit (IIDLP).
- An Ignition Interlock Device requires monthly monitoring and associated fees, as well as an installation and removal fee.
- You must request an IIDLP within 30 days of receiving your 1205 FORM.
- If your 1205 FORM says you refused to take the state administered chemical test, you must keep the Ignition Interlock Device on your car for 1 year and that time period will NOT be impacted by the result of your criminal case.
- If your 1205 FORM says you did take the state administered chemical test, then you must keep the ignition interlock device on your car for 4 months and that timeline may be impacted by the result of your criminal case.
- Anytime you chose to cancel your Interlock Ignition Device and cancel your IILDP, you will be charged a $100 fee.
WHAT HAPPENS IF I DID NOT DO ANYTHING WITHIN 30 DAYS OF RECEIVING A 1205 FORM?
- Your driver’s license will be suspended on the 46th day after you received your 1205 FORM.
- If your 1205 FORM says you refused to take the state administered chemical test, this SUSPENSION WILL LAST 1 YEAR AND YOU HAVE NO OPTION FOR A LIMITED PERMIT
- If your 1205 FORM says you did submit to a state administered chemical test, this SUSPENSION WILL LAST AT LEAST 30 DAYS AND YOU HAVE AN OPTION TO APPLY FOR A LIMITED PERMIT TO DRIVE WHILE SUSPENDED.
- this only applies for drivers who had a valid driver’s license and have not been suspended for a DUI within the last 5 years.
- The period of your suspension can be impacted by the results of your criminal case.
- There is NO LIMITED PERMIT for commercial driver’s licenses.