If you REFUSED blood, breath or urine testing OR blew over 0.08% when you were arrested, the police officer or Georgia State Patrol Trooper may have issued you what is called a “1205” form and taken your physical license.
The DDS 1205 form is a temporary driving permit and substitutes as a driver’s license while you decide what to do. You have 30 days to decide.
We suggest you never cut it so close as to wait 30 days. Please don’t wait until the last minute. If you are reading this, and you have waited until the last minute, quit reading and text / call us now 470-231-8855. After hours? Doesn’t matter. We’ll jump into action to keep you on the road.
An Administrative License Hearing (ALS) is a hearing to appeal the Officer’s issuance of a 1205 form. The burden is on you, the Defendant, to prove that the implied consent statute was not read correctly and that your due process rights were violated during your arrest.
Losing Your ALS hearing: If the Administrative Judge concludes based on the officer’s testimony that your arrest for DUI was lawful, and the officer followed the implied consent procedures then your license is suspended for twelve months with no limited permit or exceptions.
The ALS hearing does not require an enormous amount of testimony from the arresting Officer for the Judge to find that s/he did everything correctly. Therefore, another widely accepted option is that an experienced DUI Attorney works out an agreement between you and the arresting officer so you are able to keep driving.
The Officer withdraws their 1205 form and the hearing is, effectively, cancelled. You can continue to drive until your criminal case is resolved, either by a plea, dismissal or a jury trial.
Winning your ALS hearing: Your license is saved from being suspended. You can continue to drive until your criminal case is resolved, either by a plea, dismissal or a jury trial.
Keep in mind that this hearing is civil in nature and although it is intertwined with your criminal case, it does not determine your guilt or innocence in the criminal charge. The criminal charge court date is usually months after the ALS hearing.
To avoid the risk of losing at an ALS hearing or making an agreement with the police officer to plead guilty in criminal court, Georgia law allows you to install an interlock ignition device on your vehicle.
An ignition interlock device (IID) is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece before starting or continuing to operate the vehicle.
An IID is directly connected to the engine’s ignition system. If the device detects alcohol, it will prevent the engine from being started. In recent years, IID devices have been modified to also test at random times after the engine has been started. The purpose of the retest is to prevent someone other than the driver from providing a breath sample to start the car.
If you are required to install an ignition interlock device on your vehicle or choose to install one to avoid the automatic suspension of your license, there are multiple fees you will be responsible for. There is usually a $100-$200 installation fee as well as monthly fees ranging from $70-$100 per month.
Other costs not included are maintenance fees and calibration charges. Before going to a shop, call to make sure they are willing to install the device on your vehicle. Some shops avoid installing IID devices on luxury cars because they do not want to be responsible if the vehicle is damaged. Additionally, it may be more expensive to install an IID on a new vehicle because their wiring information has not been released.
If you do NOTHING, your license to drive will be automatically suspended for one year without any possibility of reinstatement on the 46th day following your arrest.
Text 470-231-8855 and we will make ourselves available for a FaceTime or Zoom call IMMEDIATELY.