Tips to Protect Your Rights and Recent Updates in Georgia Law

One of the first things you should do after you are arrested for a DUI is contact an attorney immediately. You need to protect your driving privileges which includes keeping a valid license. In Georgia, a DUI has a civil component that deals with your license suspension and a criminal component which deals with the DUI itself. The civil process involves a suspension of your driver’s license. The officer can physically take your license at the time of your arrest. Most often the officer will give you an administrative license suspension (ALS) form, also known as a DDS-1205 form when you refuse the state administered test of your breath, blood or urine. I have included a copy of the DDS-1205 form below as an example.

Currently in Georgia, you only have 30 days to file an appeal of this suspension or your license WILL be suspended for 1 year. You must include a $150 filing fee with the ALS appeal letter. It is important that you file a notice of appeal in order to protect your driving privileges. Filing an appeal request places the suspension of your driver’s license into pending status until DDS receives the outcome of the hearing from DDS. You will receive a 90 day temporary driving permit that will allow you to continue driving until your appeal hearing.

Another option is to install an ignition interlock device on your vehicle but only when absolutely necessary. An ignition interlock is necessary to keep your license in certain situations and it requires an additional expense of keeping the ignition interlock on your vehicle for 1 year. An attorney can advise you on which option is best depending on the facts and circumstances surrounding your case.

Are you unsure whether the officer gave you a 1205 form? See the example of the 1205 form to the right. It is important for you to contact The Law Office of Nicole L. McArthur, LLC immediately to protect your driving privileges. Don’t wait to protect your rights, your license depends on it! 


Recommended Posts