Georgia law makes it a privilege not a right to hold a Georgia drivers license. Part of that privilege to have a Georgia drivers license means that if you are arrested for a DUI, you have given consent to provide a sample of your blood, breath, and/or urine as evidence after your DUI arrest. Georgia law enforcement officers are required to read you the applicable Georgia implied consent notice. If you consent to provide a sample that is over .08 or you refuse to consent to provide a sample, the officer can file a petition, called a DS-1205 form, to suspend your Georgia drivers license.

The petition to suspend your Georgia drivers license starts a 30 day clock where you have three options. One of those options is to do nothing and accept the suspension of your drivers license. The second options is to appeal the pending suspension of your drivers license, which is discussed in greater detail in this blog here, and the final option if you are eligible is to get an ignition interlock device limited permit on your vehicle. This blog will go over the process of obtaining an ignition interlock device limited permit in detail.

Who is eligible for a Georgia Ignition Interlock Device Limited Permit after a DUI Arrest?

1. You have to be a Georgia drivers license holder who is aged 21 or older. If you have an out of state drivers license, you are not eligible for a limited driving permit. If you are under 21 at the time the suspension will take effect, you are not eligible for a limited driving permit.

2. You have to be charged with either DUI alcohol less safe, or DUI alcohol per se. You cannot get an ignition interlock device limited permit for DUI drugs, DUI multiple substances, or DUI inhalants.

3. You cannot have ever been arrested, charged, or convicted of a Georgia DUI

4. You cannot have any active suspensions, cancellations, or revocations on your Georgia drivers license.

How Do I Obtain an Ignition Interlock Device Limited Permit?

1. The DS-1205 form has to be received and processed by the Georgia Department of Driver Services (DDS).

2. You must have an ignition interlock device from a certified ignition interlock device provider installed on your vehicle. A list of certified ignition interlock device providers is located here.

3. You must visit the Georgia Department of Driver Services and apply for an ignition interlock device limited permit and pay the $25 permit fee.

What are the Requirements of Maintaining the Ignition Interlock Device Limited Permit?

Once you get the permit, you must keep the ignition interlock device installed on your vehicle for the full suspension period which is 120 days for samples above .08 and 12 months for refusals. You will be subject to the driving restrictions of the permit for one year. These restrictions allow you only to driver for the following reasons:

• Going to the holder’s place of employment, or perform the normal duties of his/her occupation;

• Receiving scheduled medical care or obtaining prescription drugs;

• Attending a college or school at which he or she is regularly enrolled as a student;

• Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;

• Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner;

• Attending court, reporting to a probation office or officer, or performing community service;

• Transporting an immediate family member who does not hold a valid driver's license to work, medical care, or prescriptions or to school or

• Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court.

Finally, you will be responsible for any maintenance involved with proper functioning of the ignition interlock device.

A Georgia ignition interlock device limited permit is a serious commitment. If you have been arrested for DUI in Georgia and want to discuss your license options after arrest, please call or text 678-753-6431 to schedule a free consultation. You have 30 days to make a decision to protect your license, or it will be suspended.