License Suspension FAQ

Did the Offi­cer File a 1205 Form?

You should have been given this paper.  Don’t know?  I’ll find out.  Indeed, the sta­tus of this form is vitally impor­tant. If the 1205 Form was not filed, then your dri­ving priv­i­leges will remain until the res­o­lu­tion of your crim­i­nal case.  You should assume the form was filed, unless you have clear evi­dence to the contrary.

Have You Waited Longer than 10 Days?

If you do not con­tact us within 10 days, you will likely lose your dri­ving priv­i­leges.  To save your driver’s license, we request an Admin­is­tra­tive License Sus­pen­sion hear­ing for all of our defen­dants, even if the ten-day period has lapsed.  Sig­nif­i­cantly, Geor­gia law does con­tain one excep­tion to 10-day rule: “delay not due in part to the rea­son­ably avoid­able fault of your client.” Oth­er­wise, your sus­pen­sion will go into effect on the 31st day after your arrest.

Did You Sub­mit to Chem­i­cal Testing?

If you refused chem­i­cal test­ing, you will nor­mally lose your license for a year. The only ways to avoid this out­come are as fol­lows: beat­ing the DUI charge out­right or get­ting the charge reduced to a lesser offense, or if the offi­cer with­draws the admin­is­tra­tive license sus­pen­sion.  If you sub­mit­ted, how­ever, you can lose your license for 30 days while your crim­i­nal case is pending.

Have You Had a Prior Admin­is­tra­tive License Suspension?

A prior ALS affects both the length of the cur­rent sus­pen­sion and the avail­abil­ity of a per­mit.  This is why we need your driver’s his­tory as soon as pos­si­ble.  Broadly speak­ing, the penal­ties go up dra­mat­i­cally with the 2nd and 3rd sus­pen­sion in five years:
  Two sus­pen­sions in five years – 3 year sus­pen­sion; early  rein­state­ment after 18 months with proof of DUI School and pay­ment of Rein­state­ment Fee. No inter­lock device can be installed after 12 months.
    Three sus­pen­sions in five years — 5 year sus­pen­sion; pro­ba­tion­ary license avail­able after two years.

How Does the Admin­is­tra­tive License Sus­pen­sion Dif­fer from the Post-Conviction Suspension?

Admin­is­tra­tive and Post-conviction sus­pen­sions run con­cur­rently (at the same time) if they over­lap.  You must only attend DUI school once, and must only pay the rein­state­ment fee once.  DDS will have records that DUI school already sub­mit­ted and rein­state­ment already paid.

What if You Plead Guilty to DUI Before the Admin­is­tra­tive License Sus­pen­sion Hearing?

You must still address the issue.  You are still sub­ject to the Admin­is­tra­tive License Sus­pen­sion hearing.

In a refusal case you will face 12-month sus­pen­sion with­out a per­mit, unless I get the 1205 with­drawn at the hearing.

In a test case you face a 30-day license sus­pen­sion unless I get the 1205 with­drawn at the hear­ing, and can­not get a lim­ited per­mit until the admin­is­tra­tive mat­ter is resolved.

What if Your Case is Dis­missed Before the Admin­is­tra­tive License Sus­pen­sion Hearing?

I send a cer­ti­fied copy of the dis­po­si­tion to OSHA.  The Admin­is­tra­tive License Sus­pen­sion judge will order the hear­ing moot.  If you don’t hear back from OSHA, go to the hear­ing and bring a cer­ti­fied copy of the dis­po­si­tion.  This way they’ll reverse the sus­pen­sion, and not find you in default.

What if Your License is Sus­pended, But You Win Your DUI Case?

You can get back admin­is­tra­tive fees.

If You Beat the DUI, How Do You Get the Admin­is­tra­tive License Sus­pen­sion Off Your Dri­ving Record?

You must get the paper­work of your win to Cony­ers, Georgia.

What is the 180 Day Sticker?

If you were given this, then it usu­ally means that no 1205 form was filed.  This acts as your dri­ving license.  Your priv­i­lege to drive is good, at least until the case is dis­posed of.  You should take the 180 day sticker and a let­ter to DDS to get a new license.

If I’m under 21 years old, can I get a lim­ited permit?

There is no lim­ited per­mit avail­able for the ALS.

How Can You Check the Sta­tus of Your Geor­gia Driver’s License?

Call DDS auto­mated num­ber: 404–657-9300.  Pro­vide a GA license num­ber and they’ll tell you if it’s valid or suspended.

You may also order your dri­ving record (MVR) on-line on the DDS web­site at www.dds.ga.gov, or I may order a copy by mail with your permission.