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DUI IN COWETA COUNTY

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Following a DUI arrest, the State of Georgia has the authority to suspend the driver’s license of the accused in a civil proceeding if one of the following occurs:

  1. After the accused has been arrested for DUI, the arresting officer read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine his/her blood alcohol content, OR
  2. The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

At this time, the accused has a few options. He/she can either appeal the license suspension or install an ignition interlock device in his/her vehicle for the duration of the suspension. However, the accused MUST make this decision before the deadline is up. The deadline to either install an ignition interlock or appeal a license suspension is 30 days from the date of arrest. If this is not done, there will be a license suspension put in place 45 days after arrest.

In Coweta County, if eligible, and if the accused refused to submit to a breath, blood, or urine test, it is usually advisable to go the ignition interlock device route, instead of appealing the license suspension. If the license suspension is appealed, many police officers in Coweta County will require that the accused plead guilty to DUI in order to dismiss the 1-year license suspension. Therefore, if you have been charged with DUI, and refused the breath, blood, or urine test, and you want to fight your case, it is usually a better option to install an ignition interlock device in your vehicle rather than appeal the license suspension.

THE OFFENSE/ PUNISHMENT

After either installing an ignition interlock device, or appealing the license suspension, the accused must also be ready to defend his/her criminal allegations. According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is 0.08 grams or more at any time within 3 hours after such driving occurred, or there is any amount of an illegal controlled substance present in the accused person’s blood or urine.

The consequences of a first DUI conviction in the last ten years are at least 12 months on probation, DUI classes and courses, and community service. For a second DUI, the consequences are more serious. There is a mandatory sentence of at least 3 days in jail, heightened community service, and a requirement for an ignition interlock to be installed in the accused’s vehicle. Lastly, for a third DUI, there is a mandatory jail-time sentence of at least 15 days in custody.

Due to the severity of the consequences following a DUI arrest, it is imperative to hire an experienced criminal defense attorney. At the Law Offices of W. Scott Smith, we understand all the possible options for our clients, we are knowledgeable about all direct and collateral consequences of a DUI conviction, and we work tirelessly to advocate for our clients. Therefore, if you have been arrested for a DUI in Coweta County, please call our office today at 404-581-0999 for a free consultation.

Georgia Ignition Interlock Device Limited Permit after DUI Arrest

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Following a DUI arrest, the State of Georgia has authority to suspend the driver’s license of the accused in a civil proceeding, which is separate from the criminal case, if one of the following occurs:

  1. After the accused has been arrested, the officer on the scene read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine his/her blood alcohol content; OR
  2. The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

At this time, the accused has a few options. He/she can either appeal the license suspension or install an interlock device in his/her vehicle for the duration of the suspension. However, in this blog we will solely discuss the latter.

INTERLOCK DEVICE

If the DUI arrest mirrored the situation described above in subsection (1), the accused has 30 days from the arrest to install an interlock device in their vehicle AND apply for an interlock device permit with the Georgia Department of Driver Services. The installation of the interlock device must be installed PRIOR to applying for the permit and it must be installed for a period of 12 months. In Georgia, this has become a viable alternative to a license suspension if the accused after a DUI arrest has refused to comply with a breath, blood, or urine sample.

However, not everyone who is arrested with a DUI will be eligible to install an interlock device in their vehicle as an alternative to a license suspension. The following must pertain to the accused in order for the accused to be eligible to install an interlock device in their vehicle:

  • Must have a Georgia driver’s license;
  • Be 21 years or older;
  • Have no other active license revocations or suspensions; and
  • No previous DUI convictions in the last five years.

Additionally, if the accused meets any of the following criteria, he/she is not eligible for an interlock device:

  • Drivers with out-of-state licenses;
  • Drivers with an ALS suspension in the previous five years;
  • Drivers whose DUI case involved an accident with serious injury or death;
  • CDL drivers, unless the license is downgraded to non-commercial during the suspension.

At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI arrest, including the possibility of a license suspension. Therefore, our attorneys are knowledgeable about all possible options for our clients and we work tirelessly to advocate for them. Therefore, if you have been arrested for a DUI and are potentially facing a license suspension, please call our office today at 404-581-0999 for a free consultation.

New Georgia Drivers License Suspension Rules after DUI Arrest

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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: http://www.peachstatelawyer.com/ds-1205-where-is-my-license-and-whats-this-piece-of-paper/ and http://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.