Arrested for DUI with Form 1205?

 

As of July 1, 2017, new procedures apply regarding your Georgia Driver’s License following a DUI arrest.  These procedures are written out for you on the back of the Form 1205 your arresting officer gave you.

If you have a Form 1205, you have officially been notified of a “proposed” license suspension. Your license is not yet suspended, but it will be, and soon. If you have any doubts about the status of your license, call DDS or visit their website and you will quickly learn of your license status.

There are three ways to rectify this “proposed” suspension. You can 1) choose to do nothing, 2) you can appeal or 3) you can apply for an ignition interlock limited permit (IIDLP). You have only 30 calendar days to file an appeal of your license suspension, or elect to install an ignition interlock device on your car.

How do you know which option is right for you?

See me, Jessica Towne! Make sure you know your exact arrest date when you call my office so we can schedule an appointment long before the 30 calendar day deadline. We need as much time as possible to see and use certain information and to download your driving history before choosing the best option for your situation. The longer you wait, the less information you and I will be able to consider before choosing an option.

Each option has its own pros and cons to consider.

Option 1: Ignore the suspension and do nothing

AKA “Who needs a license anyway?”

If you don’t care if you ever drive again, you can choose to do absolutely nothing about your license suspension. Your license will change in status from “proposed” suspension to actually being suspended on the 46th day after you received your suspension notice.

Consider this option carefully. Some people chose this option before fully considering their driving history: a limited driving permit and full reinstatement may be possible sooner than many think.

Option 2: Install an ignition interlock (IIDLP)

AKA “I need my license, no matter what.”

If, like most people, you need to keep your driving ability AND you meet the following criteria for having an ignition interlock limited permit:

  • you are over 21,
  • have not been previously convicted of a DUI within the past five years (this needs careful counting),
  • you are a Georgia licensee, AND
  • you have no active suspicions, cancellations, denials or revocations on your Georgia driver’s license

then an IIDLP might be for you. However, once you’ve chosen this option you CANNOT appeal the proposed license suspension. If you are later acquitted of DUI in criminal court, you must still keep the IIDLP status for 12 months if you refused testing at the time of your arrest.

Consider this option carefully. Once you make this election, you must keep the ignition interlock on your car, even if you win your DUI case.

Option 3: Appeal

AKA “I didn’t do anything wrong/ I have an interesting driving history.”

You may appeal the proposed suspension of your driver’s license or driving privilege by submitting in writing to DDS. The appeal must be postmarked within 30 calendar days of the serve date.  There is a $150.00 filing fee. If your appeal and filing fee are not submitted within 30 calendar days, your right to appeal is WAIVED, and your driver’s license or driving privilege will be suspended on the 46th day after serve date.

Appeal may be the only option IF this is not your first DUI arrest in the past 5 years, or if you took a test and registered over the limit and you’re undecided on how you want to pursue the criminal case.

No simple choice

As you can see, there is no simple choice here. Your right to drive is on the line. Don’t choose what you hope is the correct choice. Make an informed decision. I attend license suspension hearings weekly and have for decades. I’ve helped hundreds of people with DUIs and suspended licenses navigate the courts and ALS hearings. I can help you make an informed choice too.

Call Jessica Towne 770-338-2338 if you are serious about getting your license back