By: William C. Head, Criminal Defense Attorney Atlanta GA and ABA Board-Certified DUI Attorney
Refusal to submit to the state testing (after being arrested) can suspend you for a FULL YEAR. When dealing with police after a pullover, before making any statement, contact a top-rated criminal defense attorney.
When a person refuses to submit to post-arrest implied consent test or tests, that driver’s plastic license is confiscated, and a DDS 1205 form (previously called a DS-1205 Form) is issued to you. This piece of paper replaces your state-issued license, due to the administrative suspension authorized under GA implied consent laws.
This form does not grant you limited driving privileges. It only provides temporary driving privileges for those who either APPEAL or install an ignition interlock device (when eligible for this option).
NOTE: Calling a DUI defense lawyer immediately after arrest in a Georgia DUI is smart to do. Georgia law requires drivers who are lawfully placed under arrest for driving under the influence to allow police to test them. This testing must be done on a state-approved Intoxilyzer 9000 breathalyzer, or via blood collection (since a breath test cannot quantitate or identify drugs).
When contacted immediately following arrest, our lawyers in Atlanta can prevent total suspension of our client’s GA driving privileges in most cases, even after a refusal to submit to breathalyzer testing. So, the proper search is not “how to get a hardship license in Georgia.” Your legal rights are summarized below, so READ THEM.
Implied consent relates to DUI offenses only, and are laws designed to legally coerce you into taking a chemical test (breath, blood, urine) requested after your arrest for DUI in Georgia. The Georgia Department of Driver Services can be petitioned for an administrative hearing, but the Conyers, GA main office MUST receive a filing fee of $150 and a written request within 30 days after your DUI arrest.
Even out-of-state licensees can (and should) file an administrative license suspension appeal. A Georgia ignition interlock device installation is not an option for them. This filing enables the best DUI lawyers near me to obtain sworn testimony for later use in the criminal case. This appeal can be filed in EVERY GA DUI case, regardless of any test result over the legal limit or refusal to blow into the device after arrest.
A primary purpose for enactment of the new Georgia implied consent law pertaining to driver’s license administrative license suspension options, O.C.G.A. §40-5-64.1, effective July 1, 2017, is to avoid risking a hard suspension after an appeal. The workers at Georgia DDS have little to no DISCRETION about returning or issuing a Georgia driver’s license.
Implied consent is the special statute that seeks to legally compel an arrested drunk driver to submit to a breath test, a blood test, or a urine test after arrest. The penalty for non-compliance is that you lose the right to drive in Georgia for a FULL year. All 50 states have implied consent laws. Plus, the Georgia Supreme Court has repeatedly upheld the lawfulness of these driving privilege laws.
In general, since this is a post-arrest test that creates evidence, Miranda rights should be required. However, most court opinions around the United States have made a “DUI Exception” (for telling a driver his or her rights) to the Constitution for DUI arrests. Incriminatory evidence is being legally authorized to be requested from drivers suspended of impaired driving, and (if you are clueless about your legal rights) you can suffer a ONE YEAR suspension of your right to drive.
Traditionally, Georgia totally suspended any driver who did not submit to testing. The Georgia Legislature amended Georgia DUI law on July 1, 2017, to permit a driver who refuses an implied consent test to possibly obtain a 12-month interlock device through a GA DMV full-service center. Eligibility is LIMITED to Georgia licensees, and NOT ALL Georgia license holders can get the interlock permit.
No one under age 21, for example, can apply for the limited permit. Ask our DUI attorneys for full information when you call for your FREE lawyer consultation.
Being arrested for DUI in GA, and having your license taken and replaced by a temporary paper permit, means that you have a suspended license. Prior to July 1, 2017, drivers had only ten business days to file their appeal of the pending suspension or lose or be suspended.
Those with a first DUI offense in five years, and arrested July 1, 2017, and after, have 30 calendar days to file the appeal. For July 1, 2017, arrests (and after) for DUI in GA, if you DO NOT file an appeal — this filing of an appeal with DMV GA delays your total license suspension until the 46th day following your DUI arrest — your driver’s license will be suspended by GA DDS.
The filing deadline is no longer counted as “business days.” The new rule (for arrests July 1, 2017, and after) is “calendar” days. If you miss filing an appeal of your suspension within 30 DAYS after the GA DUI arrest date, your driver’s license will show up as a “suspended license” on the computer.
Driving on suspended license GA DUI penalties are harsh, including mandatory jail time. Call DUI lawyers near me for guidance on how to beat a DUI in Georgia. Don’t get suspended for NOT reading over all of your post-arrest paperwork.
Call our Atlanta DUI attorneys for Georgia DUI arrests NOW, 24-7, for a FREE initial criminal case review and to obtain FREE legal advice: 404-567-5515, or email our criminal justice lawyers. Ask about our legal fee payment plans.
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