DUI Defense Topics
A DUI arrest in Georgia brings forth the administrative license suspension process (ALS). This process will force the loss of your driver's license unless specific, timely actions are taken.
Grounds for a DUI in Georgia
The DUI laws in Georgia are fairly lengthy. In summary, you can be arrested for driving under the influence or DUI Less Safe, if you:
- have a blood alcohol content (BAC) 0.08% or higher, are 21 years of age or older, and operating a non-commercial motor vehicle
- have a 0.02% BAC, and under 21 years of age
- have a BAC 0.04%, and driving a commercial motor vehicle
- have blood/urine test result revealing a BAC above the legal limit or indicating the presence of drugs
You can also be arrested for DUI if you refuse to submit to sobriety tests after being advised of Georgia's Implied Consent Warning.
The DDS 1205 Form
If you refuse a sobriety test, or fail the test, the police officer will issue a DDS 1205 form. The DDS-1205 Form is a formal Notice of Pending License Suspension. If the police officer issues a DDS 1205 Form, you have only thirty days from the date of your arrest to file a formal appeal of the suspension. With your license at risk of a 1-year suspension, you should hire a DUI lawyer to manage this for you.
How to Keep Your License
Appeal the ALS Within 30 Days. Using the proper legal format, a formal written appeal submitted to the Department of Driver's Services (DDS). It must be submitted within thirty days of your arrest. can stop the license suspension for a short amount of time while your case is await an administrative hearing.
Install an Interlock Device You can hire a state-approved agent to install an approved ignition interlock device in your vehicle. This option provides limited driving privileges (namely drive to and from your home to work, school, attorney or medical appointments, etc.)
If you've been arrested for a DUI you should hire an experienced DUI lawyer as soon as possible. From the date of your arrest you have only 30 days to hire a lawyer, get the papers completed, and have the papers received by the DDS. Call us at 770-956-1400 to get started with your defense.