IF you refused to provide a blood, breath or urine sample under Georgia’s Implied Consent law or you tested above the legal limit, the officer will usually (but not always) keep your driver’s license and give you a DDS 1205 Form. THIS IS AN IMPORTANT DOCUMENT. Bring it (and your citation) to you first appointment with a skilled DUI attorney.
You can receive a DDS 1205 Form for multiple reasons. The front of the form lists the following reasons an officer may take your license and issue you a DDS Form 1205:
- Refusing to submit to the designated stated administered chemical testing (blood, breath or urine test after being read Georgia’s Implied Consent Notice); OR
- Chemical test results indicate an alcohol concentration of 0.08 grams or more; OR
- Driver under age of 21 and chemical test results indicated an alcohol concentration of 0.02 grams or more; OR
- Driver was operating a moving COMMERCIAL vehicle and the chemical test results indicated an alcohol concentration of 0.04 grams or more.
TWO CASES IN ONE – If you are charged with a DUI AND you receive a DDS 1205 Form, it is important to understand you have TWO CASES. Most importantly, our team of attorneys are experienced in both types of cases and can help you resolve both cases.
Case #1: Your FIRST CASE is an administrative case within the Department of Driver Services (DDS).
- You have 30 days to decide whether to appeal your administrative license suspension OR (if you qualify) to have an ignition interlock device installed and apply for a limited driving permit from DDS. If you do nothing within 30 days of receiving your DDS 1205 Form, YOUR DRIVER’S LICENSE WILL AUTOMATICALLY BE SUSPENDED for 12 months.
- Making the decision to file an appeal of your administrative suspension or to install an ignition interlock device is full of potential land mines. Before making a decision, you should consult an attorney well before your 30 days have expired. Click here or call us at (229) 520-5073 to schedule your free consultation.
- If you choose to file an appeal, you must file your appeal within 30 days of being issued a DDS 1205 Form and submit a filing fee of $150.00 to DDS. Filing an appeal DOES NOT guarantee your license will not be suspended, it only gets you a hearing in front of an administrative law judge. It is important to note that unless your case meets certain legal criteria, your license will likely be suspended by the judge at this hearing.
- If you choose to install an ignition interlock device, you need to start the process soon after your arrest and not wait until the end of the 30 day period. We can certainly help guide you through this process. If you choose to install an ignition interlock device (ASSUMING YOU QUALIFY) within 30 days and provide proof to DDS, you may be authorized to receive a Limited Driving Permit.
- If you choose to install an ignition interlock device you MUST have the device installed for a minimum period of 12 months (even if you win your DUI case) and you will waive your right to appeal your administrative license suspension
NOTE: If you have been issued a DDS 1205 Form, you should consult with an attorney about your options immediately. This area of law is quite complicated and there have been several recent changes in the law in the State of Georgia that could affect your decision as to whether you should file an appeal or to have an ignition interlock device installed. Our experienced attorneys can review your case, explain your options and recommend how best to proceed based on the facts of YOUR unique case. Click here or call us at (229) 520-5073 to schedule your free consultation.
Case #2: Your SECOND CASE is your actual DUI case in either State Court or potentially a Municipal Court where you received your citation.
- This case will proceed REGARDLESS of the outcome of your Administrative License Suspension (ALS) case in front of the Administrative Law Judge. The outcome of ALS Hearing will have NO IMPACT on your DUI Case. You can win at the ALS hearing (and keep your license from being “administratively” suspended) and still lose your DUI case and have your license suspended by a Municipal or State Court Judge.
- This case will proceed similar to any other Misdemeanor case in Municipal or State Court
- If you hire our firm, we will file an appearance, request discovery and review every document and video for defenses in your case.
- We will negotiate with the prosecutor after we have reviewed the discovery in your case and work to obtain the best outcome possible for you. Whether the best outcome is a complete dismissal or reduction in charges or a plea to DUI or a trial DEPENDS ON THE FACTS AND CIRCUMSTANCES of your case. There is no such thing as a “standard” DUI case. Every case is different and must be evaluated and handled based on a unique set of facts.
- If an attorney GUARANTEES they can get your DUI reduced or dismissed, you should consult with another attorney IMMEDIATELY. We will always be very open and honest in our assessment of your case. While we often can negotiate a reduction in charges, there are times when the State’s case is strong enough that a DUI plea will be the best outcome possible.
There is no such thing as a “standard” DUI Case. EVERY CASE is different and there is no “one size fits all” answer to how a DUI case should be handled. If you have been charged with DUI or other traffic offense in the greater Valdosta area or South Central Georgia, an experienced criminal defense lawyer can make all the difference, click here or call us at (229) 520-5073 to schedule your free consultation.
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