By: William C. Head, Criminal Defense Attorney Atlanta GA and ABA Board-Certified DUI Attorney
Driving under the influence (DUI) is more than a criminal manner—if you fail a breath test, or refuse to take the forensic breath alcohol test or blood test, your Georgia driver license (or privileges to drive in Georgia, for out-of-state licensees) may be suspended by the GA Department of Driver Services (DDS in GA). The Georgia DDS is our DMV office in the State of Georgia.
This administrative license suspension occurs at the time of your arrest when the officer takes your driver’s license and replaces it with a piece of paper called the DDS 1205 or the DDS Form 1205. So, and administrative license suspension can occur even before you are found guilty of driving under the influence in the related criminal court proceeding.
For drivers age 21 and over who took the Georgia implied consent law breathalyzer (Intoxilyzer 9000) test and had BAC levels under 0.080 grams percent, you should have received a DDS 1127 Form (it is a sticker that is placed on your DUI ticket).
Several Georgia DDS law enforcement forms may come into play if you have recently been arrested and charged with DUI in Georgia. These forms may include such things as:
If you or a loved one is facing a DUI, it is in your best interest to hire a highly-qualified DUI defense lawyer. Board-Certified DUI defense attorney William C. (Bubba) Head is one of the most highly-sought after criminal defense lawyers in Georgia, in the field of drunk driving defense.
Mr. Head and his law partners, Larry Kohn and Cory Yager, work tirelessly to ensure that their clients assert every possible defense to drunk driving charges, and utilize every avenue for beating a DUI in Georgia. As a result, the DUI law firm is known for winning cases by getting a DUI dismissed, dropped from DUI to reckless driving Georgia, or our clients’ charges minimized to some other non-DUI charge.
The Georgia DDS-1205 form given to you after your arrest is filled out by the law enforcement officer who took your driver’s license. This paper (printed on front and back) informs you of the pending administrative license suspension authorized by the Georgia implied consent law. Once you read it, you will know the value of hiring the best DUI lawyer in Georgia, to guide your path to continued driving privileges.
You will receive the DDS Form 1205 form if (a) your BAC levels on the Intoxilyzer 9000 breath alcohol test exceeded the applicable legal limit, or if (b) the officer wrote you up as having refused to take the post-arrest, implied consent test. By taking the state’s implied consent test, you have far less “exposure” to harsh license suspension consequences, but you WILL BE SUSPENDED if you fail to file an appeal within the 30-calendar day deadline.
For any DUI refusal, this is a FULL RED alert situation!
In Georgia, your license may be suspended for up to one year for a breath test refusal, if you do not get legal advice from a knowledgeable DUI attorney, and you TIMELY file either a DDS appeal or accept the new IID (ignition interlock device) method for gaining limited driving privileges in Georgia. Not all drivers arrested for DUI in Georgia qualify for the IIDLP.
Under the IIDLP (ignition interlock device limited permit) allowed by OCGA 40-5-64.1 of Georgia DUI laws, Georgia licensees age 21 and over who face a DUI refusal administrative license suspension, can seek this alternative, for arrests made July 1, 2017 and after.
You have thirty (30) calendar days to request a hearing regarding your license suspension. Late filing is NOT permitted. If you do not request a hearing within this timeframe, your license will be automatically suspended on the 46th day after the date of your DUI arrest.
The Form DDS-1030 is served by law enforcement to a person who has been declared a habitual violator. This means that you have committed three or more HV-level offenses (the most common of which is driving under the influence), and you cannot even SIT behind the wheel of any vehicle.
This form serves to inform the offender that his or her license has been suspended for a minimum of five years. If the offender is caught driving during this time, or even in the driver’s seat, he or she may be sent to a 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 legal representation. Your ability to drive is hanging in the balance.
After being arrested for DUI in Georgia, the first thing to do it identify an expert on Georgia DUI law through top attorney ratings. Look at who is BEHIND the law firm, review each of the trial lawyers’ credentials, and check out the criminal defense attorney who leads the law office. Every experienced DUI lawyer in the law firm must have full command of DUI laws and possess training in all aspects of successfully challenging the driving under the influence criminal case.
This successful defense record must include suppressing breath alcohol tests, and knowing every prior appellate decision on the Georgia implied consent law. An increasing number of drugged driving cases require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Being an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST) is also necessary.
The best DUI attorneys in Atlanta, Georgia will offer you a FREE consultation, explain how their criminal attorneys search for a successful defense in your case, and aggressively represent clients to the maximum extent the law allows. Limit your search to DUI lawyers who have legitimate lawyer ratings and a history of proven results on knowing how to beat a DUI. If we are the criminal defense attorneys for you, ask us about our attorney payment plans.
Call our DUI defense lawyers NOW, 24-7, for an initial case review and FREE legal advice: 404-567-5515, or email our criminal justice attorneys.