What YOU need to Know about Georgia DUI and Form 1205. If you are arrested for DUI and the officer gave you a Form 1205, this article is for YOU. Form 1205 starts a fast-paced Administrative Drivers License Suspension under Georgia law. And when I say fast-paced, I mean your driver’s license (or privilege to drive in Georgia if your license is out of state) will be suspended long before you have a serious opportunity to contest the criminal DUI charge itself. In fact, the administrative suspension is independent of the criminal case. And while you may be an out of state driver, a Georgia administrative suspension can have serious consequences nonetheless on your home state license. Ted Morgan Law can you solve that problem as well.
IMPORTANT NEED TO KNOW LAW
THIS IS A PARTIAL SUMMARY OF GEORGIA DUI LAW AS A COURTESY TO YOU FOR VISITING US AT TEDMORGANLAW.COM ABOUT YOUR RECENT DUI ARREST. IF YOU HAVE BEEN SERVED WITH DDS FORM 1205 BY THE ARRESTING OFFICER ON THE DATE OF YOUR ARREST, YOU MUST FILE AN APPEAL OR OPT OUT WITHIN 30 DAYS OF YOUR ARREST. OTHERWISE, YOUR LICENSE TO DRIVE WILL BE DEEMED SUSPENDED ON THE 46TH DAY FOLLOWING YOUR ARREST (OR RECEIPT OF FORM 1205 IF DIFFERENT).
Note, this deadline was previously 10 business days; effective July 1, 2017, it is 30 days. Sounds like a lot of time, but there are important decisions to make, and your DUI attorney can help gather valuable information and help you make an informed decision. This is NOT a one-size-fits-all decision. Call Ted Morgan Law now. Our lines are answered 24-7 and someone will help you.
Generally speaking, you face a hard 12-month suspension for a refusing to submit to the state test upon arrest (aka “Refusal” or “IC suspension”). “Hard” because in this instance, Georgia law does not permit any type of “work” permit or “hardship” permit during the suspension. The suspension for refusal is one year for all drivers. However, the suspension for refusal will be terminated by either (1) an acquittal in the DUI criminal case or (2) a dismissal (or a reduction to a non-DUI offense) of the DUI case or (3) a dismissal of the administrative proceeding. For drivers under age 21, a reduction must be made to an offense that is not a “suspending” offense under O.C.G.A. § 40-5-57.1(a).
If you submitted to the state Implied Consent test (typically, Intox 9000 breath test or blood test after your arrest) but tested over the limit (aka “ALS Suspension”) the ALS suspension also carries a 12 month suspension but unlike the IC (refusal) suspension, your license may be eligible for early reinstatement.
The Arresting Officer should have indicated on the front of Form 1205 whether he issued Form 1205 because of a “Refusal” or because your BAC tested over the limit (0.08 for drivers age 21 and over).
Ted Morgan Law specializes in DUI representation, and we know how to navigate through the administrative license suspension, and we know how to obtain a dismissal of the administrative proceeding.
IGNITION INTERLOCK PERMITS – ANOTHER OPTION
The new law essentially allows a driver facing a DUI refusal “hard” 12-month license suspension to opt for an Ignition Interlock Device (IID) installed in your car for 12 months and to drive with an Ignition Interlock Device Limited Driving Permit (IIDLDP). This allows you to fight the DUI criminal case while driving under the IIDLDP. You can read more about IIDLDP at the Georgia Department of Driver Services website by clicking here.
NOT EVERYONE IS ELIGIBLE
IIDLDP limited driving permits will be available for drivers over 21, who do not hold a commercial driver’s license, who hold a Georgia license, were not involved in an accident involving serious injury or fatality, and who have not committed another suspendable offense other than a DUI charge. BUT KEEP IN MIND, DDS REQUIRES ALL STEPS COMPLETED WITHIN THE 30 DAY DEADLINE.
Persons eligible for Ignition Interlock device limited driving permits include:
1st DUI in 5 years DUI drivers whose licenses are suspended and who submitted to the state implied consent test requested by the officer (optional and available upon arrest). O.C.G.A. § 40-5-64.1(a)(1); O.C.G.A. § 40-5-67.1(c).
1st DUI in 5 years DUI drivers whose licenses are subject to administrative suspension because he or she had refused the state-administered test requested under implied consent (optional and available upon arrest). O.C.G.A. § 40-5-64.1(a)(2); O.C.G.A. § 40-5-67.1(d).
Your options appear simple on the one hand — either (1) do nothing and your license will be suspended for 12 months; (2) file an appeal and you will receive a hearing on the suspension case (this also gives your attorney certain weapons against the suspension); or (3) “opt out” and apply for an ignition interlock device limited driving permit (IIDLDP) to avoid any suspension. Either way, you have 30 days to decide, but trust me this time is valuable to your DUI attorney so CALL NOW!
MY ADVICE: DO NOT WAIT UNTIL DAY 30 TO DECIDE BECAUSE THERE ARE MANY ASPECTS OF YOUR ARREST AND TACTICAL DECISIONS TO DISCUSS WITH A QUALIFIED DUI ATTORNEY THAT WILL BE LOST IF YOU WAIT UNTIL DAY 30.
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