DS-1205 Form: Georgia ALS Hearing Request Information

What Is the DDS 1205 Form in Georgia?

The DDS 1205 form is the official notice of intent to suspend your Georgia driver's license after a DUI arrest. An arresting officer serves this form when a driver refuses a state-requested chemical test. The test may be breath, blood, or urine. The officer also serves it when a test shows a result over the legal limit. The same notice applies to a driver involved in a crash causing serious injuries or a fatality, even without an arrest.

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Under Georgia law, the officer takes possession of the driver's Georgia license. The officer then issues a 45-day temporary driving permit. The DS-1205 serves as both the suspension notice and the temporary permit until the suspension takes effect.

The DDS 1205 form also contains critical instructions about your right to challenge the suspension. Georgia law gives you only 30 days from the date the officer personally serves the DS-1205 to request a hearing. You may also apply for an ignition interlock limited permit within this time. Missing that deadline means you waive your right to contest the suspension. Read every line of the form carefully – your ability to keep driving depends on it.

Sections of the DDS 1205 Form

The DDS 1205 form contains two main sections. One section is completed by the arresting officer. The other section is directed at the driver. DDS controls the form's layout and can change it, so read the copy the officer handed you rather than any description of it.

The officer-completed section records the basis for the suspension notice. It includes the arresting officer's information and details about the test. It notes whether the driver refused testing or submitted to a test with results above the legal limit. It also contains the statutory notice-of-suspension language required under Georgia law.

The driver-facing section provides notice that the officer has taken the Georgia license. It also notes that the officer issued a 45-day temporary driving permit. The section contains hearing-request instructions, including the 30-day deadline and the $150 filing fee. Georgia law provides an alternative. You may apply for an ignition interlock device limited driving permit instead of requesting a hearing. This form is the single most important document you receive at arrest in the administrative license suspension process.

How to File an ALS Hearing Request in Georgia

Under Georgia law, a driver whose license faces administrative suspension must send the Georgia Department of Driver Services a written hearing request. You must also send a $150 filing fee. Both items must arrive within 30 days from the date of personal notice. Personal notice means the date the officer served the DS-1205 at arrest.

If you miss that 30-day window, the right to a hearing is deemed waived. The suspension then takes effect. Filing a hearing request does not by itself stay the suspension. One exception applies. If you file on time and the hearing is not held before your permit expires through no reasonably avoidable fault of yours, the suspension is stayed until the hearing officer rules.

Your written hearing request should include your full legal name and current mailing address. Include your Georgia driver's license number, date of birth, and daytime phone number. Attach a copy of the DS-1205 notice you received or reference it by date. If you have retained an attorney, include the attorney's name, address, and contact information.

Mail the request with the $150 fee to the Georgia Department of Driver Services. Use the address listed on your DS-1205.

Because a late request is treated as a waiver when the delay is your own reasonably avoidable fault, many drivers file well before the 30th day. Sending the request by certified mail creates a record of timely submission.

Ignition Interlock Limited Permit: The 30-Day Alternative

Georgia law offers an alternative to the ALS hearing. Under Georgia law, a driver eligible for an ignition interlock device limited driving permit may apply within the same 30-day window. Georgia law sets the permit fee at $25. You must surrender your license and sign an affidavit that waives the hearing. The permit is valid for one year. You may choose this path instead of requesting a hearing.

Choosing the interlock permit path has a significant consequence. Under Georgia law, accepting the ignition interlock device limited driving permit waives your right to a hearing. You give up the opportunity to contest the administrative suspension on the merits.

Not every driver qualifies. Georgia law limits the permit to drivers with no DUI conviction or delinquency adjudication in the past five years. Ineligible categories include drivers under 21. They also include those not currently licensed in Georgia and commercial driver's license holders. Drivers whose suspension stems from an accident resulting in injuries or fatalities are excluded as well.

Whether the interlock permit or the ALS hearing is the stronger strategic path depends on the specific facts of your case. Consult a Georgia DUI attorney before making this decision.

What Happens at the ALS Hearing

If you timely request a hearing, the Georgia Department of Driver Services must hold it within 30 days of receiving the written request. The hearing takes place before an administrative law judge at the Office of State Administrative Hearings (OSAH). It follows the Georgia Administrative Procedure Act.

Under Georgia law, the hearing scope is limited to specific issues. The judge considers whether the officer had reasonable grounds to believe the driver was operating a motor vehicle under the influence. The judge also determines whether the driver was lawfully arrested for violating Georgia's DUI statute.

As an alternative basis, the judge considers whether the driver was in an accident or collision resulting in serious injury or a fatality.

The hearing also addresses three additional questions. First, did the officer properly read the implied consent notice? Second, did the driver refuse the test or produce results above the legal limit? Third, was any test properly administered by a valid permit holder on an approved instrument?

Key documents commonly used at the hearing include a copy of the breath – test operator's permit. An original copy of the test results is also important. A copy of the crime lab report is included if applicable. Georgia's implied consent statute does not require the arresting officer to appear and testify. A driver may be represented by legal counsel at the hearing. Witnesses and documentary evidence are subpoenaed through the agency, not issued by the driver.

The hearing officer must forward a decision to DDS within five calendar days after the hearing. What happens if the officer does not appear is a matter of hearing practice. The hearing officer may continue the case to another date. Rescission is a possible outcome, not an automatic one, so do not plan around an absent officer.

Where to Get the DDS 1205 Form (PDF)

Drivers searching for a DDS 1205 form PDF sometimes expect a downloadable document they can print and fill out. Others search for a DDS Form 1205 download, or for how to file 1205 paperwork online. The DS-1205 is not that kind of form. The arresting officer serves it in person at the time of a DUI arrest. You do not download it. You do not submit it to anyone.

If you have lost or misplaced your copy, contact the Georgia Department of Driver Services or your attorney. You can obtain a replacement. Your copy contains the date of service, which controls your 30-day deadline.

Looking for an ALS Hearing Request Form?

Many drivers search for an ALS hearing request form. Others look for an ALS form Georgia DDS might post online. The paragraph below explains what the request actually is.

The ALS hearing request itself is a separate written submission. It is not a pre-printed form. You draft a letter that includes your identifying information. Reference the DS-1205 and state the facts you wish to contest. Many Georgia DUI attorneys prepare and file this request on their client's behalf. This helps it meet all requirements.

Talk to a Georgia DUI Lawyer About Your DS-1205 Notice

The 30-day ALS hearing deadline is strict. Once it passes, the hearing is treated as waived where the delay was your own reasonably avoidable fault, and the suspension proceeds. Acting quickly may preserve your ability to challenge the suspension or pursue the interlock limited permit alternative.

A Georgia DUI attorney can evaluate which path could better serve your situation. These paths include the ALS hearing or the ignition interlock device limited driving permit. An attorney can also file the hearing request on your behalf. An attorney can prepare for the OSAH hearing, subpoena records, and cross-examine the arresting officer.

If you received a DS-1205 notice after a Georgia DUI arrest, contact William C. Head, PC for a consultation about your options. You can also call (404) 567-5515.

Frequently Asked Questions About the DDS 1205 Form

What Is the DDS 1205 Form in Georgia?

The DDS 1205 form is the official notice of intent to suspend your driver's license following a Georgia DUI arrest. Under Georgia law, the arresting officer serves this form when a driver refuses a chemical test. The officer also serves it when a test shows results above the legal limit. It also applies after a crash causing serious injuries or a fatality. The form also acts as a 45-day temporary driving permit after the officer takes possession of the Georgia license.

How Long Do I Have to Request an ALS Hearing After Receiving a DS-1205?

You have 30 days from the date the officer personally serves the DS-1205 notice. Under Georgia law, the written hearing request and $150 filing fee must reach the Department of Driver Services within that window. If you miss the deadline, your right to a hearing is deemed waived.

How Much Does It Cost to Request a DDS 1205 Hearing?

The filing fee is $150, payable to the Georgia Department of Driver Services. This fee must accompany your written hearing request. Georgia law requires both the fee and the written request to be submitted together within the 30-day deadline.

Can I Get an Ignition Interlock Limited Permit Instead of Requesting an ALS Hearing?

Yes, if you meet the eligibility requirements under Georgia law. However, accepting the interlock permit waives your right to an ALS hearing. Not all drivers qualify. Drivers under 21, commercial license holders, those with a DUI conviction in the past five years, and those whose suspension follows an accident resulting in injuries or fatalities are excluded. Consult a Georgia DUI attorney to determine which option may be appropriate for your case.

What Happens If I Miss the 30-Day Deadline to Request a DDS 1205 Hearing?

If you do not submit a written hearing request with the $150 filing fee within 30 days of personal notice, your right to a hearing is waived under Georgia law. The administrative license suspension proceeds as scheduled. You lose the opportunity to contest it before an administrative law judge.