By Pierce Blitch & Will Dasher
When you’re arrested for DUI in Georgia, two immediate concerns should top your list. First, you’re facing criminal charges stemming from at least one DUI citation—a misdemeanor. Second, your driver’s license is at risk in a separate civil process. While the criminal charges follow the typical court process, the civil case over your license involves strict deadlines that can’t be ignored.
The DS-1205 Form: What It Means for Your License
Did you know that having a Georgia driver’s license means you’ve already agreed to chemical testing if an officer suspects you of driving under the influence? This “implied consent” allows officers to test your blood, breath, or urine for alcohol or drugs after a DUI arrest. However, you can withdraw that consent by refusing the test.
If you’re arrested, the officer will usually take your driver’s license and file a DS-1205 form with the Department of Driver Services (DDS). This form acts as a petition to suspend your license. From the date of your arrest, you have 30 days to appeal the suspension. Missing this deadline means your license suspension goes into effect without a hearing.
Refusing the Test vs. Taking the Test: What’s at Stake?
The officer’s report on the DS-1205 form will state whether you agreed to the chemical test or refused it. This detail directly impacts the length of your suspension and whether you can get a restricted license.
· If You Took the Test: For a first-time DUI alcohol arrest, testing over the legal limit of 0.08 can result in a temporary work permit. This permit allows limited driving for work or school. Before full driving privileges are restored, DDS requires:
o A 30-day temporary work permit period
o Completion of the Georgia Risk Reduction Course (DUI School)
o A reinstatement fee
· If You Refused the Test: A refusal on a first-time DUI arrest leads to a one-year “hard suspension,” during which no driving is allowed.
Regardless of the situation, the suspension starts immediately if you don’t appeal within 30 days.
How to Appeal: Sending the 30-Day Letter
The back of the DS-1205 form outlines how to challenge the license suspension. Here’s what you need to do:
1. Write a letter to DDS requesting an Administrative License Suspension hearing.
2. Include the $150 filing fee.
3. Send your letter via certified mail to ensure DDS receives it.
Even if the officer didn’t take your physical license, it’s wise to send the letter anyway. Officers can file the petition later, and it’s better to be proactive than to risk an automatic suspension.
Act Quickly to Protect Your Driving Privileges
No matter the circumstances of your arrest, there are ways to challenge license suspensions. If you’ve been arrested for DUI in Georgia, don’t wait. Time is critical, and acting within the 30-day window is essential to preserving your right to drive.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR CASE
We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. Nearly all the attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.