What Happens to Your Drivers License after a Georgia DUI Arrest
You’re arrested for DUI. The arresting officer takes your drivers license and hands you a Georgia DDS DS-1205. On that form is some of your personal information, the reason the officer is taking your drivers license, and finally the notice of suspension and procedures to appeal that suspension. When you’re handed that form the clock begins. What do you do?
The DS-1205 form is a notice of drivers license suspension. It is notifying you that your license is being suspended for one of four reasons:
You refused or failed to consent to submit to state administered chemical testing
You are 21 or over and the chemical test results indicated an alcohol concentration of .08 grams or more
You are under 21 and the chemical test results indicated an alcohol concentration of .02 grams or more
The driver was operating a moving commercial motor vehicle and the chemical tests results indicated an alcohol concentration of .04 grams or more
The DS-1205 continues to serve as notice of your license being suspended in 45 days if no action is taken to protect your drivers license. In the case of refusing to submit to state administered chemical testing your license will be suspended for a year if no action is taken. You will not be eligible for a limited driving permit. You will not be able to drive at all until the entire year has passed from the suspension going into effect. If you are 21 and over and provide a chemical test and the results are over .08, your license will be suspended for 30 days. During those 30 days, if you have a Georgia drivers license, you will be eligible for a limited driving permit. If you do not have a Georgia drivers license and a suspension goes into effect for chemical test results over .08 you are not eligible for a limited driving permit. After 30 days you are eligible to get your license reinstate if you show proof of completing a Georgia DUI Risk Reduction course. If you have an out of state drivers license, you may also have to comply with requirements of that state to get your license reinstated. The form goes on to outline appeal procedures and options to protect your ability to drive while your DUI charges are pending in the criminal court.
What are my Options after being given a DS-1205 form?
Once served with a DS-1205 form you have 30 days to make a decision regarding how to address your drivers license. There are three options:
You can do nothing and let the suspension take effect. Depending on your age, license status, and whether you refused or provided a chemical test, there will be different outcomes.
If you are over 21, have a Georgia drivers license and provided a chemical test over .08 you can go get a limited driving permit after the suspension goes into effect. After 30 days you are eligible for license reinstatement with proof of completion of a Georgia DUI Risk Reduction course.
If you are over 21, do not have a Georgia drivers license and provide a chemical test over .08, your license is suspended for at least 30 days and possibly longer depending on your out of state licenses reinstatement requirements. You are not eligible for a limited permit and must provide proof of completion of a DUI Risk Reduction course to reinstate your Georgia driving privileges.
If you are under 21 and a suspension goes into effect, you lose your ability to drive for one year whether you take the test or not.
If you are a CDL holder driving a commercial vehicle and provided a chemical test over .04, you lose your CDL privileges and ability to drive a commercial vehicle for one year.
If you refuse the test at any age or license status and your license is suspended you lose your ability to drive for one year. No permits.
If you are charged with DUI Drugs/Inhalants/Multiple Substances and the suspension goes into effect, you lose your ability to drive for one year.
You can request an appeal of your pending license suspension by submitting a request to the Georgia Department of Driver Services with a $150 appeal fee. The instructions to submit the appeal are part of the appeal procedures on the DS-1205 form. The appeal must be postmarked within 30 days of the date of arrest. It is recommended to send the appeal certified mail - return receipt requested to confirm postmark and delivery. If you have hired an attorney, they will often help you make sure this is done correctly. You will be mailed a hearing date and entitled to an administrative license suspension (ALS) hearing with an administrative judge. If the suspension is reversed, the pending suspension is dismissed and your license is clear. If the suspension is upheld, your license is suspended in accordance with the outcomes in section 1, depending on age, license status, and chemical test results or refusal.
Finally, if you have a Georgia drivers license, and are charged with DUI Alcohol - Less Safe or DUI - Alcohol Per Se, you are eligible to get an ignition interlock device limited permit as a third option. This is a relatively new change in Georgia law. It requires you to get an ignition interlock device installed on your vehicle and then bring the certificate of installation to the Georgia Department of Driver Services to get an Ignition Interlock Device Limited Permit. The permit costs $25. Once you get the permit, you must keep the ignition interlock device installed on your vehicle for one year, and you will be subject to the restrictions of the permit for one year. In alcohol arrests, this is a way to guarantee you will never completely lose your ability to drive, pending the outcome of your criminal case. If you do not have a Georgia drivers license, you are ineligible for an Ignition Interlock Device Limited Permit.
I see potential clients every day who have been arrested for DUI and have no idea the clock is ticking on their driving privileges. It is important to consult with an attorney immediately after a DUI arrest to make sure your rights are being protected. Call or text me today at 678-753-6431 or e-mail me at ryan@ryanwalshlegal.com to discuss how to protect your drivers license after a Georgia DUI arrest.
