Elmer H. Young - Georgia DUI Attorney

Free Strategy Session Augusta and Macon: 706-284-4380 Savannah, Statesboro and Effingham: 912-236-4384

Form DS-1205 - It's Complicated, Read this Carefully

SCHEDULE A FREE STRATEGY SESSION

As of July 1, 2017 in Georgia, if you are issued a DDS 1205 you have the option of waiving the appeal of the suspension and applying directly for an Ignition Interlock Permit to be installed in your vehicle, in which case your license would NOT be administratively suspended. I propose no recommendation of the course you may choose, but consider closely the consequences of the choice there will be opportunities and consequences:

You may wish to consult with me about this matter should you hire me within the 30 days at no additional cost to you. However, if you fail to choose an option within 30 calendar days of your serve date (located on the front of the DS-1205 form), your license will go into suspension on the 46th day after your serve date (located on the front of the DS-1205 form).

You may have depending three options depending on your age, license status and driving record. All of these three factors must be taken into consideration when making your decision on how to proceed.

The options available to you are: (1) do nothing,  (2) request an appeal, or (3) request an ignition interlock device limited permit. You may only choose one of these options. For example, you cannot request an appeal and obtain the ignition interlock device limited permit.

This is going to be complicated, so read this carefully and consider which of the options might suit you best. In either event, in order for you to be protected against a immediate suspension you MUST make a selection and follow through as described below. I am including a simple form you may use to request an Administrative Hearing. Of course, we are not charging you for this courtesy, nor are you obligating yourself in any way to use our legal services to represent you in your present difficulty. It is a small, but very important courtesy we do for our potential clients.

Completing this form, mailing and filing it with the State Department of Driver’s Services will help in preserving your driving privileges beyond the 45 days. Failing to file a request in writing, such as this, within 15 business days of your arrest could result in that driving privilege or license to drive in the State of Georgia being suspended for up to one year.

One note for your benefit: The request on the back of the Temporary Permit asks you to provide for information about “why and who, “ etc. My advice is to completely ignore that and use my form, otherwise you will be providing the state with evidence in the form of admissions the state can use against you.

Factors, which determine the options available to you:

Your age

  • If you are age 21 or older, or will be 21 within 30 days of the serve date on your notice (DS-1205), then you may have three options: appeal, ignition interlock device limited permit, or do nothing.
  • If you are under the age of 21, and will not be 21 within 30 days of the serve date on your notice (DS-1205), then you have only two options: appeal, or do nothing.

Your license status

  • If you are currently licensed in another state, then you have only two options: appeal, or do nothing.
  • If you do not have a valid license issued by any state, then you have only two options: appeal, or do nothing.
  • If you have a valid Georgia license, then you may have three options: appeal, ignition interlock device limited permit, or do nothing.
  • If you have been issued a Georgia license that is currently suspended, revoked, or cancelled, then you have only two options: appeal, or do nothing.
  • If you have a Georgia license that has expired and you are currently a Georgia resident, then you may have three options if you are able to renew your license: appeal, ignition interlock device limited permit, or do nothing.
  • If you have a Georgia license that has expired and you are currently a Georgia resident and you are not able to renew your Georgia license, then you have only two options: appeal, or do nothing.

Your driving record

  • If you have never been arrested for, or charged with, DUI, then you may have three  options: appeal, ignition interlock device limited permit, or do nothing.
  • If you have not been convicted of DUI within the past five years as measured from the date(s) of previous arrests for which you were convicted to the date of this current arrest, then you may have three  options: appeal, ignition interlock device limited permit, or do nothing.
  • If you have been convicted of DUI within the past five years and the arrest date for that offense was within five years of the date of this current arrest, then you have only two  options: appeal, or do nothing.

The three  options that may be available to you:

Do nothing option

  • If you choose to do nothing, your driver’s license or privilege to drive will go into suspension on the 46th day after your serve date (located on the front of the DS-1205 form).
  • If your DS-1205 form indicates that you refused to submit to the designated state administered chemical testing, then your license will be suspended for a period of one year and no permit will be available to you. That period of suspension may be impacted by the outcome of your criminal case for the DUI charge.
  • If your DS-1205 form indicates that you did submit to the designated state administered chemical testing (see test results on the front of the DS-1205 form), then your license will be suspended for a period of at least 30 days but no more than five years, based upon your driving record. An ALS limited permit may be available to you during your period of suspension if you have not been in suspension for this same reason within the past five years. However, an ALS permit cannot be issued if you are not a current Georgia licensee, or have any active suspensions or withdrawals on your driving record. If you are a CDL holder, you will not have any commercial driving privileges during this period of suspension, even if you are eligible for the ALS limited permit. The period of suspension may also be impacted by the outcome of your criminal case for the DUI charge.

Request An Appeal

  • The appeal option is available to any driver arrested for DUI and issued the DS-1205 form by the arresting officer. An appeal (or hearing) request places the suspension of your driver’s license or driving privilege into pending status until the DDS receives the outcome of the hearing from the administrative law judge. If you have a valid driver’s license issued by any state, then you will receive a 90 day permit extension in the mail from the DDS after you request your hearing. The permit extension allows you to drive until your hearing has been held, and the judge has issued the final decision. If you file an appeal (hearing request), you are not eligible to request an ignition interlock device limited permit.
  • If you appeal the pending suspension of your driver’s license or privilege to drive, then your appeal (or hearing) request must be submitted in writing to the Dept. of Driver Services (DDS) either by mail or in person at any DDS Customer Service Center within thirty (30) days of your serve date (located on the front of the DS-1205 form). Failure to request a timely appeal may result in the waiver of your right to an appeal.
  • A filing fee of $150 must be included with your hearing request or your hearing will not be scheduled. If you submit your hearing request by mail, it must be postmarked within 30 days of your serve date (located on the front of the DS-1205 form) and must include the filing fee of $150 (payable by check or money order made out to the Dept. of Driver Services or DDS). It should be sent to the following address:

Dept. of Driver Services
Attn: Records Mgmt.
P.O. Box 80447
Conyers, GA 30013

If you submit your hearing request in person at any DDS Customer Service Center, it must be submitted within 30 days of your serve date (located on the front of the DS-1205 form), and the filing fee can be paid by cash, check, money order, or credit or debit card.

Your appeal must contain the following information: your name as reflected on your driver’s license or identification card; current address; driver’s license number; date of birth; telephone number; and if you are represented by an attorney, please provide your attorney’s name, address, and telephone number. The DDS has made a Hearing Request form available that you can use but I suggest that you not use the state form. Click here to download a form I provide free.  The Hearing Request form is available at any DDS Customer Service Center or on the DDS website. Again, I don't think you should use this form.

If you fail to request your hearing within 30 calendar days of your serve date (located on the front of the DS-1205 form), your driver’s license or driving privilege will go into suspension on the 46th day after your serve date (located on the front of the DS-1205 form).

All appeals are held in accordance with the “Georgia Administrative Procedures Act” and Ga. Admin. Comp. Ch. 375-3-3-.04 and heard by the Administrative Law Judges of the Office of State Administrative Hearings (OSAH). The following issues will be addressed at the hearing:

  • Whether the arresting officer had reasonable grounds to believe that you were driving or in actual physical control of a moving motor vehicle while under the influence of alcohol and were lawfully placed under arrest for violating Code Section 40-6-391; and
  • Whether at the time of the request for the test or tests the officer informed you of your implied consent rights and the consequence of submitting or refusing to submit to such test; and
  • Whether you refused the test, or if a test or tests were administered and the results indicated an alcohol concentration met or exceeded the applicable “per se” limits of 0.08 grams or more for drivers age 21 and older, 0.02 for drivers under age 21, or 0.04 for operators of commercial motor vehicles; and
  • Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences.

Request an ignition interlock device limited permit (IIDLP) option.

The option to request an ignition interlock device limited permit (IIDLP) may be available to you during the period of suspension of your driver’s license or privilege. The IIDLP would allow you to drive for limited purposes only in Georgia, and you may only drive the vehicle that has the ignition interlock device installed and operational. The IIDLP requires monthly monitoring visits to the interlock provider with the vehicle. There are costs associated with the ignition interlock device (installation, monthly monitoring, and removal) as well as an interlock restriction removal fee of $100 payable to the DDS after the period of interlock monitoring has been completed.

You must have both the ignition interlock device installed in the vehicle you will be driving and the ignition interlock device limited driving permit (IIDLP) issued by the Georgia DDS to drive legally in the state of Georgia. If you obtain an ignition interlock device limited permit (IIDLP), then your right to appeal the proposed suspension of your driver’s license or driving privilege will be waived
You may be eligible for issuance of an IIDLP if:

  1. You have not been previously convicted of a DUI within the past five years; AND
  2. You are 21 years of age or over; AND
  3. You are a Georgia licensee, AND
  4. You have no active suspensions, cancellations, denials, or revocations on your Georgia Driver’s License.
  5. If you hold a Commercial Driver’s License (CDL), the issuance of an IIDLP will automatically downgrade your CDL temporarily and you will have no commercial driving privileges throughout the duration of the suspension.

If you wish to obtain an ignition interlock device limited driving permit (IIDLP), you must request the IIDLP within 30 calendar days of the serve date (located on the front of the DS-1205 form). You must have the ignition interlock device either installed prior to the application for the IIDLP.

To request an IIDLP, visit any DDS Customer Service Center to complete and submit a Limited Driving Permit Application (DDS Form 665A). If you do not make your request within thirty (30) calendar days of the serve date (located on the front of the DS-1205 form), you will not be eligible for the IIDLP at any time during your period of suspension.

If your DS-1205 form indicates that you refused to submit to the designated state administered chemical testing, you must maintain the ignition interlock device and the IIDLP for a period of one (1) year. That period of suspension and interlock requirement will not be impacted by the outcome of your criminal case for the DUI charge.

If your DS-1205 form indicates that you did submit to the designated state administered chemical testing (see test results on the front of the DS-1205 form), you must maintain the ignition interlock device and the IIDLP for a period of four months. That period of suspension and interlock requirement may be impacted by the outcome of your criminal case for the DUI charge.

This is going to be complicated, so read carefully and consider which of the options might suit you best. In either event, in order for you to be protected against a immediate suspension you MUST make a selection and follow through as described above. I am including a simple form you may use to request an Administrative Hearing. Of course, we are not charging you for this courtesy, nor are you obligating yourself in any way to use our legal services to represent you in your present difficulty. It is a small, but very important courtesy we do for our potential clients.

Completing this form, mailing and filing it with the State Department of Driver’s Services will help in preserving your driving privileges beyond the 45 days. Failing to file a request in writing, such as this, within 15 business days of your arrest could result in that driving privilege or license to drive in the State of Georgia being suspended for up to one year.

One note for your benefit: The request on the back of the Temporary Permit asks you to provide for information about “why and who, “ etc. My advice is to completely ignore that and use my form, otherwise you will be providing the state with evidence in the form of admissions the state can use against you.

DOWNLOAD MY FREE PDF FORM HERE