In Georgia, Driving Under the Influence (DUI) can involve an immediate license suspension. When a police officer submits a 1205 Form, your license will be suspended before your first court date. The Awad Legal Team urges you to contact a lawyer immediately after a DUI arrest. An experienced criminal defense attorney can fight these charges and protect your drivers license!
What can I do to fight a License Suspension?
If you had a valid drivers license at the time of your arrest, you can appeal your license suspension. Submitting an appeal notice to the DDS will allow you to continue driving until your appeal is heard.
You must file this appeal within 30 days of receiving your 1205 Form. Also, a $150 filing fee to the DDS must accompany your appeal. Your attorney can submit this appeal, or you can do it yourself by following instructions found at the DDS website.
What will happen at my Appeal Hearing?
The Office of Administrative Hearings will schedule a hearing date to address your administrative license suspension. These hearings are held in accordance with the Georgia Administrative Procedures Act. Accordingly, a presiding judge will consider many factors to determine whether or not to grant the police officer’s request to suspend your license.
If you agreed to submit a state administered test at the time of your arrest, the judge will also consider whether or not you exceeded the legal limit in accordance with the chart below:
|Age is 21 years or older||.08 grams|
|Age is 21 or younger||.02 grams|
|Commercial Drivers||.04 grams|
What can I do if I don’t appeal my License Suspension?
If you are 21 years or older, had a valid driver’s license, and have not been convicted of a DUI within the last 5 years, you can drive with an Ignition Interlock Device. An Ignition Interlock Device Limited Permit must be requested within 30 days of receiving your 1205 FORM. Specifically, if your 1205 FORM says you refused to take the state administered chemical test, you must keep the device on your car for 1 year. Consequently, this 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. In contrast, this period may be impacted by the result of your criminal case.
What happens if I didn’t appeal my license suspension, and didn’t request an Ignition Interlock Device within 30 days of my 1205 Form?
Your driver’s license will be suspended 46 days 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. In addition, a refusal to take the test also leaves you with no options for a limited permit during the suspension period.
If your 1205 FORM says you did submit to a state administered chemical test, you will then face a minimum suspension of 30 days. In contrast to a refusal, you will have an option to drive on a limited permit during the suspension period. However, this only applies to drivers who had a valid driver’s license and have not been suspended for a DUI within the last 5 years.
Are these options available for Commercial Drivers Licenses (CDL)?
There is NO LIMITED PERMIT for commercial driver’s licenses.
Your right to drive is very important and very fragile. Refusing to act fast when facing a drivers license suspension could severely impact your driving record, driving privileges, and livelihood. If you are pulled over for a DUI you need to call a lawyer immediately. Contact our office today to learn more about your options and to avoid a license suspension.