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.