If you are at risk of losing your driver’s license and therefore driving privileges, and need help with your Administrative License Suspension (ALS) Hearing, call us at 770-886-4646. We’ve defended hundreds of clients with tough-minded and determined litigation, and we can help you too.
If you refused a State requested blood/breath/urine test OR your test results were a BAC of .08 or higher, YOU MAY ONLY HAVE 30 DAYS TO REQUEST AN ADMINISTRATIVE LICENSE HEARING TO PREVENT THE SUSPENSION OF YOUR DRIVER’S LICENSE BY THE GEORGIA DEPARTMENT OF DRIVER SERVICES (DDS). Do not lose your license; act now.
Persons who have been charged with DUI (Driving Under the Influence) in Georgia and whose Georgia driver’s license is subject to an administrative license suspension (ALS) may have the option, as of July 1, 2017, to obtain a new type of limited driving permit from the Georgia Department of Driver Services (DDS).
The new permit, technically referred to as an “Ignition Interlock Device Limited Permit,” will be conditioned upon the person whose driver’s license is subject to an ALS candidate voluntarily waiving their right to an administrative hearing and having an ignition interlock device installed instead on any vehicle they intend to drive.
The current ALS process, including the right to an administrative hearing, will remain in place as an option for persons whose driver’s license is subject to an ALS and either do not qualify for or do not wish to obtain this type of permit.
In addition to waiving their right to an administrative hearing and having an ignition interlock device installed on their vehicle, persons whose driver’s license is subject to an Administrative License Suspension and who are interested in obtaining the new permit must also meet the following conditions:
1. Application for the permit must be made with DDS within 30 days of the person being served notice of the ALS by the arresting officer through the DS-1205 form or—in the event of a DS-1205S form—within 30 days of receiving such notice of the ALS from DDS;
2. The ALS cannot stem from a motor vehicle accident involving fatalities or serious injuries;
3. The person must be licensed in Georgia and not have any other suspensions, cancellations, or revocations against their Georgia driver’s license;
If the person holds a Georgia commercial driver’s license (CDL), they must downgrade to a non-commercial Georgia driver’s license to obtain and maintain the permit;
4. The person cannot have any prior convictions for DUI in the 5 years preceding the application for the permit;
5. The person must surrender their Georgia driver’s license, either to the arresting officer at the time of arrest or to DDS prior to issuance of the permit; and,
The person must pay a $25.00 permit fee.
The period a person must successfully maintain the ignition interlock device on their vehicle will be based on whether they consent to or refuses the state-administered chemical test requested by the arresting officer.
A person who consents to the state-administered chemical test and opts for this permit will be required to successfully maintain the ignition interlock device on their vehicle for 4 months. If they are subsequently acquitted of the underlying DUI charge or the underlying DUI charge is dismissed or reduced, the ignition interlock device may be removed at no cost, and the driver’s license may be restored.
A person who refuses the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 12 months, regardless of the outcome of the underlying DUI charge.
Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS by producing satisfactory monthly monitoring reports before DDS removes the ignition interlock restriction from the permit. A permit may be renewed for a fee of $5.00 if additional time is needed for the permit holder to comply with the terms of the ignition interlock device. Still, it may only be renewed one time once the permit holder becomes eligible to reinstate their driver’s license.
Following the designated term of successful compliance, the ignition interlock device restriction may be removed from the limited driving permit in person at a DDS customer service center for a fee of $100.00 (or $90.00 if removal of the restriction is requested by mail or other approved alternate means). The removal fee is in addition to any reinstatement fee that may be required.
In addition to the new permit, effective July 1st, 2017, a person may legally drive on a DS-1205 form after being charged with DUI and served notice of an ALS will increase from 30 days to 45 days. And the period a person has to request an administrative hearing after being charged with DUI and served notice of an ALS will increase from 10 to 30 days.
These changes are based on House Bill 205, which the Georgia General Assembly passed on March 25th, 2016, and signed into law by Governor Nathan Deal on April 26th, 2016. TO LEARN MORE ABOUT THIS OPTION, CONTACT OUR OFFICE NOW TO DISCUSS.
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– Thomas Jefferson
Our Law office is located a few blocks from the Forsyth County Courthouse. Contact Us today for more information.