by Ryan Walsh
On July 1, 2017, the law changed in respect to administrative license suspensions after DUI arrests for drivers with a Georgia driver’s license under Georgia law.
In Georgia, an officer can petition the Department of Driver Services to suspend your driver’s license under the Georgia implied consent statute if the officer places you under arrest for Driving under the Influence (DUI), reads you the Georgia implied consent notice, and you either refuse to submit to the requested sample of your blood, breath, or urine, say nothing, or present a sample that is positive for alcohol at a level over .08, or shows the presence of drugs.
The officer must then issue to you a DS-1205 form stating the reason for the license suspension. This DS-1205 form acts in three ways. It is a notice of license suspension. It is a temporary driving permit. And it also informs you of your right to appeal this suspension of your driver’s license based on the Georgia implied consent law.
As of July 1, 2017, when you are arrested for DUI in Georgia and issued a DS-1205 form, that form now serves as a forty-five (45) day temporary driving permit. You have two options to proceed, and if you do nothing your Georgia driver’s license will be suspended at the end of 45 days.
Your first option is to use the old procedure to request a hearing. You have 30 days (not business days) to request a hearing regarding the suspension of your license by submitting a written request along with a money order for $150.00 to the Department of Driver Services. Requesting a hearing begins a process which is identical to the old method of Administrative License Suspension hearings with the same potential outcomes. We have writtentwo blogs outlining the old procedure which can be read here: https://www.peachstatelawyer.com/ds-1205-where-is-my-license-and-whats-this-piece-of-paper/ and https://www.peachstatelawyer.com/ds-1205-als-this-sheet-of-paper-is-nice-but-i-want-my-license-back-man/
Your second option is to forego asking for a hearing regarding the license suspension. Instead, you can apply for an ignition interlock device limited permit through the Department of Driver Services. To apply for a permit you must go to the Department of Driver Services and do the following things within thirty (30) days of receiving the DS-1205 form: (1) Install and maintain an ignition interlock device with a vendor of your own choosing for the twelve month period of your ignition interlock device limited permit. Once the Ignition Interlock Device is installed you can go to a Georgia DDS location and pay a $25.00 ignition interlock device limited permit fee, surrender your Georgia driver’s license, and execute an affidavit stating you waive your right to a hearing under the Georgia implied consent law to obtain an ignition interlock device limited permit.
Your permit will be revoked if you are convicted of a moving violation under the laws of the State of Georgia, if you have been found to have violated the terms of the limited driving permit, or you have been found to have tampered with the ignition interlock device.
You can only drive on your ignition interlock device permit for the following reasons: (1) to and from work along with performing the normal duties of your job, (2) receiving medical care or obtaining prescriptions, (3) attending school, (4) attending treatment, (5) attending court ordered driver education, (6) attending court, (7) attending community service, (8) taking a family member to work, school, or a medical appointment, (9) court ordered activities, and (10) visiting the ignition interlock provider monthly.
At the time you apply for your Ignition Interlock permit you waive your right to a hearing challenging the administrative license suspension. You must be over 21 and have a Georgia driver’s license to apply for an ignition interlock device permit. You will not be given a permit if you have a DUI conviction on your record with an arrest date within the past five years. Applying for an interlock permit will remove your CDL status if you have a commercial driver’s license.
If you choose to go the Ignition Interlock Device Permit route, you must have the ignition interlock device installed within ten days of receiving the permit. The device must be installed for a minimum of 120 days. You cannot drive any vehicle that does not have an ignition interlock device installed on it. If your case is resolved with a disposition that is not DUI while you have an ignition interlock device permit, you must remain on the permit for the entire twelve months unless you gave an implied consent sample on a DUI alcohol case. Refusal cases must continue on the permit for the entire twelve months, even if their case is dismissed or reduced.
Time spent on an ignition interlock device permit is credited towards any driver’s license suspension for a DUI conviction. You must pay a $100 reinstatement fee at the expiration of your ignition interlock device permit to reinstate your full driving privileges.
These rules are a significant departure from the longstanding procedures regarding Georgia driver’s licenses after DUI arrests. Call us today at 404-581-0999 if you have any questions about your drivers license.