By William C. Head, Board-Certified DUI Attorney Atlanta With 45 Years of Courtroom Experience in Repeat Offender DUI Cases
The Department of Driver Services (DDS) DS-1030 form is used to by law enforcement to inform a habitual violator that his or her license has been revoked or suspended for a minimum of FIVE YEARS. When the officer comes into contact with the offender during a traffic stop, he or she must confiscate the offender’s license and send it, along with the DS-1030 form, to the DDS.
DDS-1030 is used by police officers to tell a person they have been declared a habitual violator. This means that they have committed three or more HV-level offenses (the most common of which is driving under the influence), and the person cannot even SIT behind the wheel of any vehicle.
If the offender is caught driving during this 5-year period, or even sitting in the driver’s seat with the car turned off, he or she may be sent to a Georgia penitentiary for a period of one to five years.
If you have recently received a DDS form from a law enforcement agent, it is a RED ALERT that you need to obtain the best DII lawyer you can find. Your ability to keep driving is hanging in the balance.
The top of the DS-1030 form states that it is the Official Notice of Revocation/Personal Service Habitual Violator. The officer must fill out the fields with the offender’s full name, date of birth, address, sex, and license number.
Beneath these fields is a statement informing the offender that he or she has been declared a Habitual Violator of the laws and it is therefore illegal for him or her to operate a motor vehicle in the State of Georgia. It goes on to state that the offender’s license is revoked for a minimum of five years from the date the license is surrendered. If the offender is caught driving with a revoked license, he or she may be sent to prison for one to five years.
The form then states that the offender must surrender any operator’s, learner’s, veteran’s or chauffeur’s license to the DDS or show why he or she cannot surrender it. If the offender’s license has been lost, he or she must submit a notarized affidavit.
The next field contains a line for the offender to sign and date, stating that he or she personally received the Habitual Violator Revocation order. The officer must mark whether or not the license was picked up. If it wasn’t picked up, there is a field for the officer’s explanation.
The bottom section of the DS-1030 form is for the officer’s data, including his or her signature, full name, badge number, agency serving order, telephone number, and the agency’s mailing address.
After the form is completely filled out, it must be mailed to the Department of Drive Services at P.O. Box 80447, Conyers, GA 30013.
The last page of this form informs the offender that he or she has 30 days after receiving the form to request a hearing in regard to the license revocation. In the request, the offender must state why he or she thinks the revocation should be changed. The DDS will then contact the offender to notify him or her if the hearing has been approved or refused.
Starting July 1, 2017 Georgia enacted a new law that allows waiving the right to a DUI refusal hearing for the ALS suspension, in exchange for the DUI driver agreeing to install an ignition interlock device in his or her vehicle for 12 months (restrictions and rules apply).
If you have recently received a DS-1030 informing you that your license is revoked, contact Attorney William C. (Bubba) Head for experienced legal representation.