About Administrative License Suspension Hearings in GA

License Suspension for a DUI

If you are stopped arrested by an Atlanta police officer for suspicion of driving under the influence of alcohol (DUI) it can be stressful.

Things that will come to mind are:

• How long will my license be suspended?
• What should I do to get a temporary driving permit and how should I get my license reinstated?
• Do I need to request a court hearing?
• What will happen to my driver’s license?
• Ignition interlock option, and details about it?

When Can Your Drivers License be Suspended?

When you are arrested for DUI in Georgia, your license can be administratively suspended if you had a blood or breath test over the legal limit or refuse to take the state administered blood or breath test.

The arresting police officer should take your driver’s license after you are arrested and issue you a DPS 1205 form.

The 1205 Form

The 1205 form is a temporary driving permit that is good for 45 days from the date of your arrest. It is also a petition to suspend your license. You will have three choices to make within 30 calendar days of your arrest.

1. First, your driver’s license will be suspended for one year if this is your first DUI in five years. But, you can apply for a thirty day limited permit if you tested over .08 on the state administered breath or blood test.   Next, you can apply for a reinstatement of your license after thirty days. Go to the Georgia Department of Drivers Service and pay a restoration fee and show them you completed the Risk Reduction course (DUI school).  However, if you refused the state administered blood or breath test, you cannot get a limited driving permit.  You will be suspended for one year, unless you get your DUI charged reduced or dismissed.
2. Secondly, you can request a hearing. You will need to do this by mailing a request form to Department of Driver’s Services within 30 calendar days of your arrest with a $150.00 filing fee. Then, you will get an extension of your temporary driving permit for 90 days. A hearing should be set at a designated location in the county of your arrest. The hearing is held by the Office of State Administrative Hearings (OSAH). An administrative law judge will conduct the hearing. The hearing is only to determine if you violated the ALS rules. The arresting officer will need to prove he legally stopped you; he had probable cause to believe you are under the influence of alcohol; the implied consent was read to you; and you refused the test or registered over .08 on the state administered blood or breath test. Should you win the hearing you can get your license back. If you lose the hearing you will be suspended.
3. Thirdly, you can avoid an ALS hearing if you waive your right to a hearing and install an ignition interlock device. It will need to be installed in your vehicle within thirty days of your arrest and go to DDS to waive your right to a hearing. The ignition interlock must be in your vehicle for 12 months. If your case is a refusal case, you cannot take the ignition interlock out even if you get your DUI reduced or dismissed. Finally, if you took the state administered blood or breath test, the ignition interlock can be turned in if/when you get your DUI reduced or dismissed.

If you need an experienced Atlanta DUI lawyer call 770-419-1945 and speak with Richard Blevins.